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Supreme Court case information

Listed below are the substantive Supreme Court cases for the year along with appeals still to be determined or cases awaiting hearing. 

Information giving an overview of the case is included along with media releases and links to judgments being appealed when available.

All 2024 - 2014 Supreme Court cases dismissed or deemed to be dismissed where a notice of abandonment was received can be found here.

Transcripts for cases heard before the Supreme Court are included provided they are not suppressed. Transcripts from pre-trial hearings are not published until the final disposition of trial. These are unedited transcripts and they are not a formal record of the Court’s proceedings. The Ministry of Justice does not accept responsibility for the accuracy or completeness of any material and recommends that users exercise their own skill and care with respect to its use.

11 July 2024

Case information summary 2024 (as at 5 July 2024) –  Cases where leave granted (123 KB)
Case information summary 2024 (as at 5 July 2024)  – Cases where leave to appeal decision not yet made (PDF, 126 KB)

All years

Case name
Patrick Maurice O'Sullivan v The Queen
Case number
SC 77/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in declining the application for leave to bring a second appeal against conviction – Whether there are exceptional circumstances justifying an appeal direct from the High Court.
Result
The application for leave to appeal is dismissed.
7 November 2018
_____________________
The application for recall of this Court’s judgment of 7 November 2018 (O’Sullivan v R [2018] NZSC 103) is dismissed.
28 November 2018
High Court decision
OʼSULLIVAN v THE QUEEN [2017] NZHC 2628  [26 October 2017]
Court of Appeal decision
O’SULLIVAN v R [2018] NZCA 201 [18 June 2018]
Leave judgment - leave dismissed
PATRICK MAURICE O’SULLIVAN v R [2018] NZSC 103 [7 November 2018] (PDF, 193 KB)
Recall judgment
PATRICK MAURICE O’SULLIVAN v R [2018] NZSC 117 [28 November 2018] (PDF, 232 KB)
Case name
R (SC 78/2018) v The King
Case number
SC 78/2018
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of retrial.  Publication in law report or law digest permitted.
Result
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of retrial.  Publication in law report or law digest permitted. 6 October 2023
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Estall Jhana Glassie v The Queen
Case number
SC 79/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether the trial Judge adequately directed the jury.
Result
The application for leave to appeal is dismissed. 30 October 2018
High Court decision
Not publicly available
Court of Appeal decision
GLASSIE v R [2018] NZCA 308   14 August 2018 
Leave judgment - leave dismissed
ESTALL JHANA GLASSIE v R [2018] NZSC 101 [30 October 2018] (PDF, 197 KB)
Case name
Anthony Donald Grooby v The Queen  
Case number
SC 85/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the trial Judge was not required to direct the jury on the standard of proof to which propensity evidence must be proved before the jury can consider it in reaching its verdict.
Result
The application for leave to appeal is dismissed.                                                               26 November 2018
Leave judgment - leave dismissed
ANTHONY DONALD GROOBY v R [2018] NZSC 114 [26 November 2018] (PDF, 206 KB)
Court of Appeal decision
GROOBY v R [2018] NZCA 344 [3 September 2018]
Case name
P v The Queen  
Case number
SC 88/2018
Summary
Criminal Appeal – Whether the jury’s pattern of verdicts was inconsistent – Whether the Court of Appeal erred in dismissing the applicant’ s appeal against conviction.
Result
The application for leave to appeal is dismissed.
15 February 2019
District Court decision
Not publicly available
Court of Appeal decision
P (CA354/2017) v R [2018] NZCA 361 [11 September 2018] 
Leave judgment - leave dismissed
P (SC 88/2018) v R [2019] NZSC 1 [15 February 2019] (PDF, 40 KB)
Case name
Karl Teangiotau Nuku v The Queen  
Case number
SC 89/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that errors at trial were not capable of affecting the outcome of the trial – Whether an extension of time to bring an application for leave to appeal should be granted.
Result
The application for leave to appeal is dismissed. 20 November 2018
Court of Appeal decision
NUKU V R [2016] NZCA 179 [6 May 2016] 
Leave judgment - leave dismissed
KARL TEANGIOTAU NUKU v R [2018] NZSC 111 [20 November 2018] (PDF, 194 KB)
High/District Court Judgment

Not publicly available
Case name
Jiri Kupec v The Queen
Case number
SC 92/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the trial Judge correctly applied the formulation of recklessness adopted in Cameron v R [2017] NZSC 89 – Whether the Court of Appeal erred in finding that the trial Judge was correct to dismiss a defence submission that, if the applicant proved an innocent state of mind, an acquittal should follow – Whether the Court of Appeal was wrong to find that the trial Judge’ s direction on the applicant’s out of court statement was adequate.
Result
The application for leave to appeal is dismissed.
22 November 2018
Court of Appeal decision
KUPEC v R [2018] NZCA 377 [19 September 2018]
Leave judgment - leave dismissed
JIRI KUPEC v R [2018] NZSC 113 [22 November 2018] (PDF, 41 KB)
Case name
Lemuel Misa v The Queen
Case number
SC 93/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction on the basis that there was no miscarriage of justice – Whether the jury was properly directed at trial.
Result
A Leave to appeal is granted (Misa v R [2018] NZCA 293).
B The approved question is whether there was a miscarriage of justice at the applicant’s trial.
17 April 2019
_______________________
The appeal is dismissed.
2 December 2019
Date of hearing
11 July 2019
Judges
Winkelmann CJ, Glazebrook, Ellen France, Williams and Arnold JJ
Media Releases
Court of Appeal decision
MISA v R [2018] NZCA 293 [6 August 2018]
Leave judgment - leave granted
LEMUEL MISA v R [2019] NZSC 42 [17 April 2019] (PDF, 33 KB)
Substantive judgment
LEMUEL MISA v R [2019] NZSC 134 [2 December 2019] (PDF, 162 KB)
Case name
Mark Edward Lundy v The Queen
Case number
SC 95/2018
Summary
Criminal Appeal –  Crimes Act 1961, s 385 – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction under the proviso to s 385(1) despite finding that certain evidence presented at trial was inadmissible.
Result
A Leave to appeal is granted (Lundy v R [2018] NZCA 410) in relation to the approved question below.
B The approved question is whether the Court of Appeal erred in applying the proviso to s 385(1) of the Crimes Act 1961.
6 May 2019
Transcripts
Case Synopses
Media Releases
Court of Appeal decision
LUNDY v R [2018] NZCA 410 [9 October 2018]
Additional document
Transcription leave hearing 2 May 2019 (PDF, 148 KB)
Leave judgment - leave granted
MARK EDWARD LUNDY v R [2019] NZSC 45 [6 May 2019] (PDF, 227 KB)
Substantive judgment
MARK EDWARD LUNDY v R [2019] NZSC 152 [20 December 2019] (PDF, 420 KB)
Case name
H v The Queen
Case number
SC 97/2018
Summary
Criminal Appeal – Whether the Court of Appeal was correct to hold that s 322 of the Oranga Tamariki Act 1989 does not apply to the applicant’ s charge of rape – If s 322 does apply to the charge, whether the rape charge should have been dismissed prior to the applicant’s trial.
Result
A The application for leave to appeal against the conviction for rape is granted (H (CA376/2017) v R [2018] NZCA 376).
B The approved question is whether, in dealing with delay, the Court of Appeal correctly dealt with the age of the appellant (including the application of s 322 of the Oranga Tamariki Act 1989).
21 February 2019
_______________________________
The appeal is dismissed.
3 July 2019
Media Releases
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
H (SC 97/2018) v R [2019] NZSC 4 [21 February 2019] (PDF, 183 KB)
Substantive judgment
H (SC 97/2018) v R [2019] NZSC 69 [3 July 2019] (PDF, 122 KB)
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