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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.

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
Ian Edward Hitchcock v The Queen
Case number
SC 126/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the trial judge’s summing up on consent in relation to a charge of sexual violation was sufficient – Whether the Court of Appeal erred in finding that no miscarriage of justice arose as a result of the trial Judge’ s failure to direct the jury that they should consider whether the applicant knew that he was supplying cannabis. [2016] NZCA 465   CA265/2015
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
8 March 2017
___________
The application for recall is dismissed.
17 May 2017
Leave judgment - leave dismissed
IAN EDWARD HITCHCOCK v R [2017] NZSC 29    8 March 2017 (PDF, 82 KB)
Recall judgment
IAN EDWARD HITCHCOCK v R [2017] NZSC 71    17 May 2017 (PDF, 67 KB)
Judgment appealed from

HITCHCOCK V R [2016] NZCA 465    28 September 2016

Case name
F v The Queen
Case number
SC 129/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding the jury verdicts were reasonable – Whether the Court of Appeal took the correct approach to an automatism disorder – Whether the Court of Appeal erred in finding that there was no juror impartiality. [2016] NZCA 180 CA705/2015
Result
The application for an extension of time to apply for leave to appeal is dismissed.  
17 March 2017
Leave judgment - leave dismissed
F (SC 129/2016) v R [2017] NZSC 34     17 March 2017 (PDF, 107 KB)
Judgment appealed from

F (CA705/2015) v R [2016] NZCA 180    6 May 2016
Case name
Todd Aaron Marteley v The Queen
Case number
SC 134/2016
Summary
Criminal Appeal – Whether the applicant was prevented by counsel error from vacating his guilty plea – Whether the Court of Appeal took insufficient time to consider the applicant’s appeal against sentence.[2016] NZCA 480   CA509/2011
Result
The application for leave to appeal is dismissed. 
13 March 2017
___________
The application for recall is dismissed.
16 May 2017
_______________
The application for recall is dismissed.
8 June 2017
Court of Appeal decision
MARTELEY v R [2016] NZCA 480 [5 October 2016]
Leave judgment - leave dismissed
TODD AARON MARTELEY v R [2017] NZSC 31 [13 March 2017] (PDF, 70 KB)
Recall judgment
TODD AARON MARTELEY v R [2017] NZSC 72 [16 May 2017] (PDF, 65 KB)
Recall judgment
TODD AARON MARTELEY v R [2017] NZSC 83 [8 June 2017] (PDF, 65 KB)
Case name
Ryan Warren Geary-Smart v The Queen
Case number
SC 139/2016
Summary
Criminal appeal – Evidence Act 2006, s 62 – Whether the Court of Appeal erred by requiring that further independent advice regarding the privilege against self‑incrimination be offered to a co-defendant – Whether the Court erred in refusing to grant leave to admit fresh evidence – Whether the Court erred by upholding the decision to admit propensity evidence – Whether the Court erred in upholding the sentence. [2016] NZCA 509   CA132/2015
Result
The applications for leave to appeal are dismissed.
3 March 2017
Leave judgment - leave dismissed
GEARY-SMART v R [2017] NZSC 23    3 March 2017 (PDF, 85 KB)
Judgment appealed from

CUMMINGS V R, RW GEARY-SMART V R AND JC GEARY-SMART V R [2016] NZCA 509 20 October 2016
 
Case name
Jacob Christopher Geary-Smart v The Queen
Case number
SC 140/2016
Summary
Criminal appeal – Evidence Act 2006, s 62 – Whether the Court of Appeal erred by requiring that further independent advice regarding the privilege against self‑incrimination be offered to a co-defendant – Whether the Court erred in refusing to grant leave to admit fresh evidence – Whether the Court erred by upholding the decision to admit propensity evidence – Whether the Court erred in upholding the sentence. [2016] NZCA 509   CA134/2015
Result
The applications for leave to appeal are dismissed.                           3 March 2017
Leave judgment - leave dismissed
GEARY-SMART v R [2017] NZSC 23    3 March 2017 (PDF, 85 KB)
Judgment appealed from

CUMMINGS V R, RW GEARY-SMART V R AND JC GEARY-SMART V R [2016] NZCA 509  20 October 2016

Case name
Jacqueline Ann Cameron v The Queen
Case number
SC 142/2016
Summary
Criminal Appeal – Appeal against conviction – Appeal against sentence –  Social Security Act 1964, s 127 –  Crimes Act 1961, s 228(b) – Whether the Court of Appeal erred in its calculation of the debt owed by the applicant –  Whether the Court of Appeal erred in its conclusion regarding the applicant’s counsel –  Whether the Court of Appeal erred in finding there was no miscarriage of justice. [2016] NZCA 536   CA505/2013
Result
The application for leave to appeal is dismissed.
21 August 2017
Date of Judgment
01 January 2016
Leave judgment - leave dismissed
JACQUELINE ANN CAMERON v R [2017] NZSC 125 [21 August 2017] (PDF, 143 KB)
Court of Appeal decision
CAMERON v R [2016] NZCA 536 [11 November 2016]
Case name
Leslie McGeachin v The Queen
Case number
SC 144/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in upholding the applicant’s conviction on the basis of a number of alleged trial errors – Whether the District Court erred in sentencing the applicant to 19 years’ imprisonment.  [2015] NZCA 558   CA730/2013
Result
A The application for an extension of time to apply for leave to appeal against conviction is dismissed.
B The application for leave to appeal against sentence is dismissed.
24 February 2017
______________________________________
The application for recall of this Court’s judgment of 24 February 2017 (McGeachin v R [2017] NZSC 16) is dismissed.
12 October 2020
Leave judgment - leave dismissed
LESLIE MCGEACHIN v R [2017] NZSC 16   24 February 2017 (PDF, 91 KB)
Recall judgment
LESLIE McGEACHIN v R [2017] NZSC 193 [19 December 2017] (PDF, 183 KB)
Recall judgment
LESLIE MCGEACHIN v R [2020] NZSC 95 [14 September 2020] (PDF, 62 KB)
Recall judgment
LESLIE MCGEACHIN v R [2020] NZSC 109 [12 October 2020] (PDF, 34 KB)
Judgment appealed from

MCGEACHIN v R [2015] NZCA 558    19 November 2015
Case name
H v The Queen
Case number
SC 146/2016
Summary
Criminal Appeal – Evidence Act 2006, s 35 – Whether the Court of Appeal erred in holding that evidence of the complainant’s prior consistent statement was properly admitted at trial – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence. [2016] NZCA 413   CA498/2015
Result
The application for leave to appeal is dismissed. 18 August 2017
Leave judgment - leave dismissed
SAYED REZA HUSSAINI v R [2017] NZSC 122 [18 August 2017] (PDF, 82 KB)
Case name
S v The Queen
Case number
SC 148/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction.CA 539/2014     [2016] NZCA 575
Result
A The application for leave to appeal is dismissed.
B Order prohibiting publication of name, address, occupation or identifying particulars of applicant remains in force pending final disposition of charges he faces in a different criminal proceeding. 4 April 2017
Leave judgment - leave dismissed
S (SC 148/2016) v R [2017] NZSC 43    4 April 2017 (PDF, 89 KB)
Judgment appealed from
S (CA539/2014) v R [2016] NZCA 575 (Wild, French and Simon France JJ)  not available online
Case name
Michael Kristian Olsen v The Queen
Case number
SC 152/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in rejecting the applicant’s claim of trial counsel error – Whether fresh evidence undermines the safety of the applicant’s conviction.                   [2016] NZCA 256   CA632/2014
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed. 2 March 2017
Leave judgment - leave dismissed
MICHAEL KRISTIAN OLSEN v R [2017] NZSC 18    2 March 2017 (PDF, 132 KB)
Judgment appealed from

OLSEN V R CA632/2014 [2015] NZCA 256    18 June 2015
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