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
Adrian Stanley Budd v The Queen
Case number
SC 109/2009
Summary
Criminal appeal – Sexual offences – whether the Court of Appeal erred in finding there was no miscarriage of justice within s 385(1) (c) Crimes Act 1961 on the basis trial counsel was not incompetent. [2009] NZCA 419 CA 747/2008 21 September 2009
Result
Application for leave to appeal dismissed.
12 July 2010
12 July 2010
Leave judgment - leave dismissed
BUDD v R SC 109/2009 [12 July 2010] (PDF, 45 KB)
Judgment appealed from
Case name
Edward Woodrow Collins v The Queen
Case number
SC 110/2009
Summary
Criminal – Conspiracy to manufacture Class A drug – Whether the Court of Appeal erred in finding that the trial Judge gave proper jury directions on the evidence of co-conspirators – Whether the Court of Appeal erred in not ruling whether there was reasonable evidence that the applicant adhered to the conspiracy.[2009] NZCA 519 CA 119/2009 4 November 2009
Result
Application for leave to appeal dismissed.
2 March 2010
2 March 2010
Leave judgment - leave dismissed
COLLINS v R SC 110/2009 [2 March 2010] (PDF, 13 KB)
Judgment appealed from
Case name
Stephen Leslie Jellyman v The Queen
Case number
SC 112/2009
Summary
Criminal Appeal – whether the sentence of preventive detention was manifestly excessive; Whether the appellant’s right to silence and right against self-incrimination were breached by admitting the appellant’ s videotaped statement to police; Whether the complainant, who was intellectually disadvantaged, understood either the oath or the moral or legal consequences of not telling the truth and thereby occasioning a miscarriage of justice; Whether the complainant’s unsworn evidence was admissible.[2009] NZCA 532 CA 6/2009 12 November 2009
Result
Application for leave to appeal dismissed.
12 March 2010
12 March 2010
Leave judgment - leave dismissed
JELLYMAN v R SC 112/2009 [12 March 2010] (PDF, 14 KB)
Case name
Garry Maui Isherwood v The Queen
Case number
SC 115/2009
Summary
Criminal – Appeal against conviction and sentence – Administering a Class B drug and sexual violation – Whether miscarriage of justice – Incompetence of trial counsel – Whether Court should admit new evidence.CA 182/2004 14 March 2005
Result
Application for leave to appeal dismissed. 9 February 2010
Leave judgment - leave dismissed
Isherwood v R SC 115/2009 [9 February 2010] (PDF, 10 KB)
Case name
Ross Francis Hookway v The Queen
Case number
SC 1/2008
Summary
Criminal appeal – whether trial counsel is required to inform an accused of his or her right to instruct counsel and for counsel to be bound by those instructions – whether trial Judge was correct to give a Papadopoulos direction when the jury appeared to be deadlocked.[2007] NZCA 567 CA 466/06 11 December 2007
Leave judgment - leave dismissed
HOOKWAY v R SC 1/2008 [9 April 2008] (PDF, 18 KB)
Dates
Application for leave to appeal dismissed.
9 April 2008
Case name
A v The Queen
Case number
SC 4/2008
Summary
Criminal – applicant convicted of sexual violation by rape – victim was applicant’s three-year-old daughter – charges were brought after victim was diagnosed with gonorrhoea. Whether alleged expert evidence, supporting the possibility of non-sexual transmission of the disease, renders the conviction unsafe – application for leave to appeal out of time due to newly available evidence.CA 508/04 28 November 2005
Leave judgment - leave dismissed
A v R SC 4/2008 [9 April 2008] (PDF, 17 KB)
Dates
Application for leave to appeal dismissed.
9 April 2008
Case name
Robert Charles De Bruin v The Queen
Case number
SC 9/2008
Summary
Appeal against order under the Proceeds of Crime Act 1991 - Court of Appeal held that the High Court had correctly calculated a pecuniary penalty order under s 25 of $1 million – whether first appellant more than a mere courier for the purposes of calculating the benefit received under s 27(2) – whether Court of Appeal wrong to follow R v Penderson [1995] 2 NZLR given position of couriers has not been resolved – whether Court of Appeal in error in upholding the High Court decision that the increase in value of the property was a benefit from the offending under s 28 – whether Court of Appeal was correct in finding that the appellants’ agreement under s 21 of the Property (Relationships) Act 2004 was intended to defeat the interests of the Crown as a creditor of the appellant – whether, given the second appellant’s appeal was successful in part, the Court of Appeal erred in ordering that the legal costs should be paid from the second appellant’s interest in the property.[2007] NZCA 600 CA 317/06 21 December 2007
Dates
Notice of Abandonment being lodged , the appeal is deemed to be dismissed.
4 April 2008
Case name
Astrid Eleanor Delany v The Queen
Case number
SC 10/2008
Summary
Appeal against order under the Proceeds of Crime Act 1991 - Court of Appeal held that the High Court had correctly calculated a pecuniary penalty order under s 25 of $1 million – whether first appellant more than a mere courier for the purposes of calculating the benefit received under s 27(2) – whether Court of Appeal wrong to follow R v Penderson [1995] 2 NZLR given position of couriers has not been resolved – whether Court of Appeal in error in upholding the High Court decision that the increase in value of the property was a benefit from the offending under s 28 – whether Court of Appeal was correct in finding that the appellants’ agreement under s 21 of the Property (Relationships) Act 2004 was intended to defeat the interests of the Crown as a creditor of the appellant – whether, given the second appellant’s appeal was successful in part, the Court of Appeal erred in ordering that the legal costs should be paid from the second appellant’s interest in the property.[2007] NZCA 600 CA 332/06 21 December 2007
Dates
Application for leave to appeal dismissed. 1 May 2008
Case name
Timothy Justin Nevin v The Queen
Case number
SC 12/2008
Summary
Criminal – appeal against conviction – charges of assault with a weapon and possession of an offensive weapon – whether Court of Appeal erred in its consideration of other cases involving inconsistent verdicts – whether Court of Appeal erred in its analysis of evidence given at trial.
Leave judgment - leave dismissed
NEVIN v R SC 12/2008 [20 May 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
20 May 2008
20 May 2008
Case name
Jonathan Nuki Lummis Jarden v The Queen
Case number
SC 14/2008
Summary
Criminal Appeal – conspiracy to supply methamphetamine – appeal against sentence - whether a Court should use sentencing guidelines based on actual supply of specified weights of drugs when considering a sentence for conspiracy to supply an unspecified quantity of drugs - whether the Court of Appeal considered such a distinction when dismissing the appeal to that Court[2008] NZCA 48 CA292/07 5 March 2008
Media Releases
- sc 14 2008 jarden v r (PDF, 86 KB)
Substantive judgment
JARDEN v R SC 14/2008 [28 August 2008] (PDF, 38 KB)
Leave judgment - leave granted
JARDEN v R SC 14/2008 [9 May 2008] (PDF, 12 KB)
Transcription
Dates
Application for leave to appeal granted.
9 May 2008
_________________________
Appeal allowed. Sentence of three years imprisonment
quashed. Sentence of two years six months imprisonment substituted.
28 August 2008
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