R v Dallison - [2022] NZHC 2968

Decision

R v Dallison (PDF 270 KB)

Summary

In issue was an order suppressing identity of a sitting District Court judge on basis that publication of their connection to the defendant creates a real risk to the defendant’s safety in prison. The Court reviewed the order under s 208(3) of the Criminal Procedure Act 2011. Held: there has been a material change in circumstances in the duration of time defendant has been remanded in custody without evidence of safety risk. Two stage test: first threshold test not made out; defendant did not a establish real and appreciable risk to his safety from publication. Second limb: interests of justice, public interest in relationship, do not weigh in favour of suppression. Suppression order revoked.