Subscribe to the RSS feed Print this page

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.

24 June 2024

Case information summary 2024 (as at 21 June 2024) –  Cases where leave granted (121 KB)
Case information summary 2024 (as at 21 June 2024)  – Cases where leave to appeal decision not yet made (PDF, 125 KB)

All years

Case name
David Obiaga v The Queen
Case number
SC 77/2016
Summary
Criminal Appeal – Appeal against conviction and sentence – Whether Court of Appeal erred in finding no mistrial due to trial counsel error or juror ill-health – Whether Court of Appeal erred in finding no misuse of co-defendant’s statement – Whether Court of Appeal erred in upholding sentence. [2016] NZCA 270   CA390/2015, CA395/2015
Result
The application for leave to appeal is dismissed.                                
8 December 2016
High Court decision
R v IWU, OKPARA, OCHIBULU and LEEFE [2015] NZHC 1438     18 June 2015
Leave judgment - leave dismissed
DAVID OBIAGA v R [2016] NZSC 162    8 December 2016 (PDF, 87 KB)
Judgment appealed from

OBIAGA AND LEEFE V R [2016] NZCA 270    20 June 2016
Case name
Alistair Stuart Lyon v The Queen
Case number
SC 81/2016
Summary
Criminal Appeal – Conviction Appeal – Whether the Court of Appeal erred in its analysis of trial counsel competence – Whether the Court of Appeal erred in its approach to the evidence.   [2016] NZCA 293    CA746/2014
Result
The application for leave to appeal is dismissed.                      
29 September 2016
Leave judgment - leave dismissed
ALISTAIR STUART LYON v R [2016] NZSC 129   29 September 2016 (PDF, 88 KB)
Judgment appealed from

LYON v R [2016] NZCA 293     29 June 2016
Case name
Bodie Hoani Ngapaki Stewart v The Queen
Case number
SC 82/2016
Summary
Criminal Appeal – Appeal against conviction – Juries Act 1981, s 22– Whether the Court of Appeal erred in its conclusion that the trial Judge was not wrong to discharge the second juror. [2016] NZCA 217   CA27/2016
Result
A The application for an extension of time to appeal is granted.
B The application for leave to appeal is dismissed.
3 October 2016
Leave judgment - leave dismissed
BODIE HOANI NGAPAKI STEWART v R [2016] NZSC 131  3 October 2016 (PDF, 71 KB)
Judgment appealed from

STEWART v R [2016] NZCA 217  20 May 2016
Case name
Narayan Prasad v The Queen
Case number
SC 83/2016
Summary
Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in finding that deficiencies in reliability warning did not lead to a miscarriage of justice – Whether Court of Appeal erred in finding no deficiencies in directions on previous acquittal evidence.  [2016] NZCA 163    CA695/2014
Result
A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
3 November 2016
Leave judgment - leave dismissed
NARAYAN PRASAD v R [2016] NZSC 146    3 November 2016 (PDF, 83 KB)
High Court decision
R v PRASAD [2014] NZHC 3014    28 November 2014
Judgment appealed from

PRASAD v R [2016] NZCA 163    2 May 2016
Case name
Shivneel Shahil Kumar v The Queen
Case number
SC 86/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the “one transaction” rule from Thabo Meli v R [1954] 1 WLR 228 (PC) – Whether the trial judge incorrectly directed the jury on the issue of withdrawal – Whether the Court of Appeal erred in dismissing the applicants’ appeals against sentence. [2016] NZCA 329   CA264/2015
Result
The applications for leave to appeal are dismissed.
7 November 2016
Leave judgment - leave dismissed
SHIVNEEL SHAHIL KUMAR v R [2016] NZSC 147    7 November 2016 (PDF, 91 KB)
Judgment appealed from

KUMAR V R [2016] NZCA 329    14 July 2016
 
Case name
Bryne Permal v The Queen
Case number
SC 87/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the “one transaction” rule from Thabo Meli v R [1954] 1 WLR 228 (PC) – Whether the trial judge incorrectly directed the jury on the issue of withdrawal – Whether the Court of Appeal erred in dismissing the applicants’ appeals against sentence.                      [2016] NZCA 329   CA310/2015
Result
The applications for leave to appeal are dismissed. 7 November 2016
Leave judgment - leave dismissed
SHIVNEEL SHAHIL KUMAR v R [2016] NZSC 147   7 November 2016 (PDF, 91 KB)
Judgment appealed from
Case name
Demissie Tefera Asgedom v The Queen
Case number
SC 90/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the applicants were not materially prejudiced by the form of the indictment – Whether the applicants were prejudiced by the addition of a new alleged party to the offence part way through the trial – Whether the Court of Appeal erred in finding that the applicant’s were not prejudiced by non-disclosure of certain material – Whether the Court of Appeal erred in dismissing the second applicant’s appeal against sentence.  [2016] NZCA 334   CA451/2015
Result
The applications for leave to appeal are dismissed. 
25 October 2016
Leave judgment - leave dismissed
DEMISSIE TEFERA ASGEDOM v R [2016] NZSC 138     25 October 2016 (PDF, 93 KB)
Judgment appealed from

DEMISSIE TEFERA ASGEDOM V R [2016] NZCA 334      18 July 2016
Case name
Nebiyou Tefera Demissie v The Queen
Case number
SC 91/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the applicants were not materially prejudiced by the form of the indictment – Whether the applicants were prejudiced by the addition of a new alleged party to the offence part way through the trial – Whether the Court of Appeal erred in finding that the applicant’s were not prejudiced by non-disclosure of certain material – Whether the Court of Appeal erred in dismissing the second applicant’s appeal against sentence.  [2016] NZCA 334   CA533/2015
Result
The applications for leave to appeal are dismissed.
25 October 2016
Leave judgment - leave dismissed
DEMISSIE TEFERA ASGEDOM v R [2016] NZSC 138   25 October 2016 (PDF, 93 KB)
Judgment appealed from

 DEMISSIE TEFERA ASGEDOM V R [2016] NZCA 334    18 July 2016
Case name
Zacharius Rakena v The Queen
Case number
SC 96/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that no miscarriage of justice had occurred in relation to the trial Judge’ s decision not to poll the jury after the verdict was delivered – Whether the trial Judge erred in not making further enquiry into the jury process – Whether the Court of Appeal erred in finding that the jury’s verdict was reasonable.  [2016] NZCA 357   CA747/2015
Result
The application for leave to appeal is dismissed.
18 October 2016
Leave judgment - leave dismissed
ZACHARIUS RAKENA v R [2016] NZSC 137   18 October 2016 (PDF, 88 KB)
Judgment appealed from

Rakena v R [2016] NZCA 357    27 July 2016
Case name
Dean James Charlton v The Queen
Case number
SC 102/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that there was sufficient evidence to support the applicant’s conviction for rape. [2016] NZCA 212 CA452/2015
Result
The application for leave to appeal is dismissed.
9 February 2017
Leave judgment - leave dismissed
DEAN JAMES CHARLTON v R [2017] NZSC 5    9 February 2017 (PDF, 120 KB)
Judgment appealed from

CHARLTON V R [2016] NZCA 212   20 May 2016
Page 34 of 79