Justin Richard Burke v The King - SC 75/2022
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- Justin Richard Burke v The King SC 75/2022 - 20 March 2023 (Recorded, 20 March 2023)
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Summary
Criminal Appeal
Result
A Leave to appeal is granted (Burke v R [2022] NZCA 279).
B The approved question is whether the Court of Appeal correctly interpreted and applied s 66(2) of the Crimes Act 1961.
21 October 2022
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A The appeal is allowed.
B We seek submissions from counsel on the consequential orders that should follow, as set out at [175] of the reasons of the Court.
22 April 2024
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A The appellant’s conviction for manslaughter is quashed.
B An order is made under ss 234(2) and 241(2) of the Criminal Procedure Act 2011 substituting a conviction for injuring with intent to injure under s 189(2) of the Crimes Act 1961.
C An order is made under ss 234(5) and 241(2) of the Criminal Procedure Act 2011 substituting a sentence of three years’ imprisonment.
16 May 2024
B The approved question is whether the Court of Appeal correctly interpreted and applied s 66(2) of the Crimes Act 1961.
21 October 2022
__________________________________________________________________________________
A The appeal is allowed.
B We seek submissions from counsel on the consequential orders that should follow, as set out at [175] of the reasons of the Court.
22 April 2024
_________________________________________________________________________________
A The appellant’s conviction for manslaughter is quashed.
B An order is made under ss 234(2) and 241(2) of the Criminal Procedure Act 2011 substituting a conviction for injuring with intent to injure under s 189(2) of the Crimes Act 1961.
C An order is made under ss 234(5) and 241(2) of the Criminal Procedure Act 2011 substituting a sentence of three years’ imprisonment.
16 May 2024
Date of Hearing
20 March 2023 — 21 March 2023
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams, Kós JJ | Venue Christchurch High Court Courtroom 12
Case Synopses
Submissions from counsel
- Hearing 20 March 2023 Appellant Submissions (PDF 428 KB)
- Hearing 20 March 2023 Respondent Submissions (PDF 1.1 MB)
- Hearing 20 March 2023 Intervener Submissions CBA (PDF 910 KB)
- Hearing 20 March 2023 Intervener Submissions (PDF 6.4 MB)