Milligan v R [2010] NZCA 368 (12 August 2010)

Last Updated: 18 August 2010

IN THE COURT OF APPEAL OF NEW ZEALAND

CA356/2010 [2010] NZCA 368

BETWEEN GARTH MILLIGAN
Appellant

AND THE QUEEN
Respondent

Hearing: 12 August 2010

Court: Chambers, Rodney Hansen and Heath JJ

Counsel: A G Speed for Appellant
T Epati for Respondent

Judgment: 12 August 2010

JUDGMENT OF THE COURT

Leave to appeal against the District Court decision dated 26 May 2010 is granted on the following questions:

1. Should the search warrant have been granted with respect to Mr Milligan’s home at 24 Scotstoun Place?

2. If the search was unlawful and unreasonable, should the evidence obtained from it be ruled inadmissible under s 30 of the Evidence Act 2006?

Solicitors:
Crown Law Office, Wellington