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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
Alisdair Bruce Aylwin v New Zealand Police
Case number
SC 33/2008
Summary
Criminal – appeal by way of case stated – whether, on a charge of driving with excess breath alcohol, evidence must be given by the prosecution as to the manner in which the breath screening and/or evidential breath tests were carried out – whether the principle of omnia praesumuntur operates to place an evidentiary burden on the defence to raise this question.[2008] NZCA 154  CA 227/07  6 June 2008
Result
Application for leave to appeal granted.
29 July 2008
__________________________
Appeal dismissed.
19 December 2008
Transcripts
Media Releases
Leave judgment - leave granted
AYLWIN v R SC 33/2008 [29 July 2008] (PDF, 14 KB)
Substantive judgment
AYLWIN v NEW ZEALAND POLICE SC 33/2008 [19 December 2008] (PDF, 38 KB)
Case name
Jonathan John Edward Belcher v The Queen
Case number
SC 34/2008
Summary
Criminal – appeal against conviction – indecent assault and sexual violation – whether the Court of Appeal was correct to find that the trial Judge did not need to dismiss the jury when the appellant alleged he knew a juror – whether the Court of Appeal was right in holding that there was evidence to convict.
Leave judgment - leave dismissed
BELCHER v R SC 34/2008 [27 March 2009] (PDF, 16 KB)
Dates

Application for leave to appeal dismissed.

27 March 2009
Case name
Wayne Thomas Patterson v The Queen
Case number
SC 38/2008
Summary
[Criminal – sentencing appeal – whether sentence manifestly excessive – the appropriate starting point for serious fraud – whether recovery of funds, under the Proceeds of Crimes Act 1991 or by any other way short of voluntary reparation, should be recognised in sentencing – the admissibility of extraneous material from a Victim Impact Statement under s 9 Evidence Act 2006, and its relationship with the provisions of the Sentencing Act 2002 – relevance, and proof, of overseas convictions in sentencing.[2008] NZCA 75 CA 573/07 31 March 2008
Leave judgment - leave dismissed
PATTERSON v R SC 38/2008 [28 August 2008] (PDF, 24 KB)
Dates

Application for leave to appeal is dismissed.
28 August 2008.
Case name
Matthew BROWN V The Queen
Case number
SC 41/2008
Summary
Criminal Appeal – appeal against conviction for injuring with intent – whether applicant had adequate counsel in the Court of Appeal – whether Court of Appeal counsel provided correct advice in relation to waiver of solicitor-client privilege – whether Court of Appeal counsel should have called medical evidence – whether Court of Appeal counsel followed applicant’s instructions in relation to witness subpoenas and cross-examination – whether evidence provided in the Court of Appeal was accurate – whether applicant had adequate counsel at District Court – whether District Court counsel should have called other witnesses – whether District Court counsel should have objected to complainant’s testimony – whether Judge’s summing up was effected by defence provided[2008] NZCA 156  CA 392/07   9 June 2008
Leave judgment - leave dismissed
BROWN v R SC 41/2008 [10 October 2008] (PDF, 15 KB)
Dates

 Application for leave to appeal dismissed.
  10 October 2008.
Case name
Jamie Ronaki Kissling V The Queen
Case number
SC 42/2008
Summary
Criminal – Appeal – Challenge to mandate and jurisdiction of New Zealand Courts in criminal matters – Whether lower Court correct to refuse application for transfer of case to tribal or customary courts of the Te One One tribes.CRI 2006-070-6764     10 April 2008
Leave judgment - leave dismissed
KISSLING v R SC 42/2008 [21 August 2008] (PDF, 14 KB)
    Dates
Application for leave to appeal dismissed.
21 August 2008
Case name
Tareq Abdel Rahim Zaiton v The Queen
Case number
SC 43/2008
Summary
Criminal appeal – whether a miscarriage of justice has occurred under s 385(1)(c) of the Crimes Act 1961 – at a previous trial, the complainant had made identifications relating to one charge – the prosecution did not disclose the identifications to the defence until the second trial – whether the Court of Appeal erred in finding that no miscarriage resulted from the Crown’s failure to disclose the information until that point.[2008] NZCA 189 CA 368/07 26 June 2008
Leave judgment - leave dismissed
ZAITON V R SC 43/2008 [20 October 2008] (PDF, 14 KB)
Dates

Application for leave to appeal dismissed.
20 October 2008.
Case name
R v The Queen
Case number
SC 45/2008
Summary
Criminal appeal – alleged miscarriage of justice in terms of s 385(1)(c) of the Crimes Act 1961 – appellant found guilty on six representative counts alleging sexual offending against the complainant – whether the fact that evidence from several potential witnesses was not put before the jury at the trial and the fact that the trial Judge refused to discharge the jury after the complainant made contact with members of the jury have resulted in a miscarriage of justice.[2008] NZCA 196 CA 32/07 30 June 2008
Leave judgment - leave dismissed
R v R SC45/2008 [8 October 2008] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
8 October 2008
Case name
Duane Charles Brendon Paul Burgess v The Queen
Case number
SC 46/2008
Summary
Criminal Appeal – appeal against conviction – sexual assault – miscarriage of justice – whether the Court of Appeal correctly     analysed the evidence – whether there was sufficient time for the applicant to have committed the offence.
Leave judgment - leave dismissed
BURGESS v R SC 46/2008 [14 October 2008] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
14 October 2008.
Case name
Shane Huia Matenga v The Queen
Case number
SC 50/2008
Summary
Criminal appeal – Crimes Act 1961 s 385(1) – applicant was convicted of rape and unlawful sexual connection – at trial, inadmissible expert opinion evidence was given as to the central issue of consent – on appeal, the Court of Appeal held that, while there was a risk of a miscarriage of justice under s 385(1)(c), the proviso should be applied as no substantial miscarriage of justice had actually occurred – whether the Court of Appeal applied the correct principles in deciding to apply the proviso – whether the finding that there was a risk of a miscarriage of justice is incompatible with the holding that no substantial miscarriage of justice had actually occurred.[2008] NZCA 260   CA 216/07   28 July 2008
Leave judgment - leave granted
MATENGA v R SC 50/2008 [20 October 2008] (PDF, 12 KB)
Dates
Application for leave to appeal granted.
 20 October 2008.
Result 
Appeal allowed. New Trial ordered.

13 March 2009.
Case name
Christopher James Fullbeck Mosley v The Queen
Case number
SC 58/2008
Summary
Criminal appeal – trial took place with ten jurors – whether the Court of Appeal erred in confirming that there were “exceptional circumstances relating to the trial” which justified continuing with ten jurors under s 374 Crimes Act 1961 – whether the Court of Appeal was wrong to conclude that s 374(8) excluded a right to review the trial Judge’ s decision to discharge the 12th and 11th jurors.[2008] NZCA 319  CA 612/2007     25 August 2008
Leave judgment - leave dismissed
MOSLEY v R SC 58/2008 [17 November 2008] (PDF, 17 KB)
Dates

Application for leave to appeal dismissed.

17 November 2008.
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