SC 12/2023 Solicitor-General's Reference (No 1 of 2023) from CA636/2021 ([2022] NZCA 504) - SC 12/2023

Timestamps:
Referrer’s submissions: 4:50
Counsel to Assist’s submissions: 1:44:40
Referrer’s reply submissions: 2:12:40

Case details

• Solicitor-General's Reference (No 1 of 2023) from CA636/2021 ([2022] NZCA 504) - SC 12/2023

  Watch Video

  • SC 12/2023 Solicitor-General's Reference (No 1 of 2023) from CA636/2021 ([2022] NZCA 504) (Recorded, 16 August 2023)

  Media releases

  • MR [2023] NZSC 151 (PDF 310 KB)

  Summary

  Solicitor-General's Reference

  Result

  A We grant leave to the Solicitor-General to refer the following question of law (arising from Darling v R [2022] NZCA 504) to this Court under s 317 of the Criminal Procedure Act 2011: On the facts as set out in the Court of Appeal decision and the relevant documents on which guilty pleas were entered, did Mr Anderson’s acquittal mean that Mr Darling could not, in law, have been convicted of the offence with which he was charged, despite his guilty plea?
  
  B We appoint Ms Guy Kidd KC as counsel to assist the Court under s 318(3)(a) of the Criminal Procedure Act.
  6 April 2023
  __________________________________________________________
  The question of law (arising from Darling v R [2022] NZCA 504) referred to this Court being whether Mr Anderson’s acquittal meant that Mr Darling could not, in law, have been convicted of the offence with which he was charged, despite his guilty plea, is answered “No”.
  17 November 2023

  Date of Hearing

  16 August 2023

  Judges

  Winkelmann CJ, O’Regan, Ellen France, Williams and Kós JJ; Venue: Auckland Environment Court, Courtroom 2, 41 Federal Street, Auckland

  Case Synopses

  • Hearing date 16 August 2023 (PDF 353 KB)

  Submissions from counsel

  • Hearing date 16 August 2023 Counsel to assist submissions (PDF 408 KB)
  • Hearing date 16 August 2023 Solicitor Generals submissions (PDF 478 KB)

  Hearing Transcripts

  • Hearing date 16 August 2023 (PDF 432 KB)

  Related Documents

  Court of Appeal decision — DARLING v R [2022] NZCA 504 [21 October 2022]

  Leave judgment - leave granted — SOLICITOR-GENERAL’S REFERENCE (NO 1 OF 2023) FROM CA636/2021 [2023] NZSC 30 [6 April 2023] (PDF 33 KB)

  Substantive judgment — SOLICITOR-GENERAL’S REFERENCE (NO 1 OF 2023) [2023] NZSC 151 [17 November 2023] (PDF 287 KB)