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
Brian Johnson Mankelow v The Queen
Case number
SC 30/2007
Summary
Criminal – appeal against conviction – trial directions as to inferences – whether the Court of Appeal should have reconsidered its decision in 2005 that certain evidence was admissible in light of the decision of the Court of Appeal in R v Williams [2007] NZCA 52 – whether there has been a substantial miscarriage of justice. CA 443/06 19 April 2007
Result
Application for leave to appeal dismissed.
20 July 2007
20 July 2007
Leave judgment - leave dismissed
MANKELOW v R SC 30/2007 [20 July 2007] (PDF, 15 KB)
Judgment appealed from
Case name
Kem Raju Samy v The Queen
Case number
SC 32/2007
Summary
Criminal appeal – Appeal against conviction - whether the Court of Appeal dismissed the appellant’s appeal without allowing him to be properly heard – whether the appellant should have been permitted to return to New Zealand for the Court of Appeal hearing of his appeal against conviction - whether an adjournment should have been given to allow the appellant to be located and cross-examined via video-conference. CA 123/05 23 April 2007
Leave judgment - leave dismissed
SAMY v R SC 32/2007 [5 December 2007] (PDF, 19 KB)
Judgment appealed from
Case name
Raymond Fraser Kara v The Queen
Case number
SC 34/2007
Summary
Summary Criminal – appeal against increase in sentence as result of successful Solicitor-General’s appeal – Court of Appeal took premeditation into account as additional aggravating factor – whether Court of Appeal formed mistaken understanding of facts of offending. CA 416/06 11 May 2007
Result
Application for leave to appeal is dismissed.
23 July 2007
23 July 2007
Leave judgment - leave dismissed
KARA v R SC 34/2007 [23 July 2007] (PDF, 16 KB)
Judgment appealed from
Case name
Philip David Sturm v The Queen
Case number
SC 35/2007
Summary
Criminal – appeal against conviction – in relation to appellant’ s conviction for stupefying with intent to facilitate the commission of a crime Court of Appeal held that Crown had to prove not only an intention to facilitate the commission of a crime but also an intention to stupefy – trial directions – whether Court of Appeal erred in finding that trial Judge’s directions were sufficient regarding the intention to stupefy – whether Court of Appeal should have focused on whether directions contained an error of law giving rise to a substantial miscarriage of justice rather than focusing on sufficiency of directions – whether Court of Appeal erred in holding that even if directions were unsatisfactory the appellant was clearly subjectively reckless – whether Court of Appeal erred in finding no error in trial Judge’s direction that the voluntary consumption of drugs and alcohol was irrelevant to stupefying counts – whether Court of Appeal erred in concluding that there was no merit in the suggestion that the verdict on the stupefying count “coloured” the other verdicts.CA 35/2007 4 May 2007
Result
Application for leave to appeal dismissed.
2 August 2007
2 August 2007
Leave judgment - leave dismissed
STURM V R SC 35/2007 [2 August 2007] (PDF, 17 KB)
Judgment appealed from
Case name
Palmiro McDonald v The Queen
Case number
SC 36/2007
Summary
Criminal appeal – Crimes Act 1961, s 339 – exercise of discretion by trial judge to include an lesser charge – whether jury direction effective to cure any prejudice caused by disclosure of inadmissible evidence at trial. CA 356/06 20 April 2007
Result
Application for leave to appeal dismissed.
21 August 2007
21 August 2007
Leave judgment - leave dismissed
McDONALD v R SC 36/2007 [21 August 2007] (PDF, 22 KB)
Judgment appealed from
Case name
Jason Glen Vincent v The Queen
Case number
SC 41/2007
Summary
Criminal appeal – whether trial lawyer erred in not disclosing, so as not to prejudice jury against appellant, appellant’s previous offending that may be relevant to appellant’s defence of self-defence – whether prosecution’s reference to appellant’s tough reputation had unfairly prejudiced jury against appellant – whether preventive detention justified in circumstances.CA 3/07 CA 481/06 13 June 2007
Result
Application for leave to appeal dismissed.
21 August 2007
21 August 2007
Leave judgment - leave dismissed
VINCENT v R SC 41/2007 [21 August 2007] (PDF, 62 KB)
Judgment appealed from
Case name
Robert Frank Terry v The Queen
Case number
SC 45/2007
Summary
Criminal – appeal against conviction and sentence – whether Court of Appeal erred in dismissing appeal – whether Court of Appeal failed to uphold the New Zealand Bill of Rights Act 1990 – whether a substantial miscarriage of justice may have occurred.CA 378/06 26 June 2007
Result
Leave to appeal dismissed.
31 August 2007
31 August 2007
Leave judgment - leave dismissed
TERRY v R SC 45/2007 [31 August 2007] (PDF, 15 KB)
Judgment appealed from
Case name
George Charlie Baker v The Queen
Case number
SC 51/2007
Summary
Criminal appeal – Sentencing Act 2002 – whether trial judge correctly applied s 104 in light of mitigating factor of appellant’s guilty plea – whether high publicity surrounding case lead to an unduly harsh sentence – whether trial judge gave sufficient weight to appellant’ s psychiatric history. CA 36/07 5 July 2007
Result
Application for leave to appeal dismissed.
19 September 2007
19 September 2007
Leave judgment - leave dismissed
BAKER V R SC 51/2007 [19 September 2007] (PDF, 14 KB)
Judgment appealed from
Case name
Alex Kwong Wong v The Queen
Case number
SC 53/2007
Summary
Summary Criminal – appeal against convictions – serious drug offending – whether trial should have proceeded with ten jurors – consistency of guilty verdicts with acquittal of the accused on other counts and acquittal of co-accused – whether Court of Appeal correctly applied R v H [2000] 2 NZLR 581 – whether verdict in relation to one (money laundering) count is unreasonable or cannot be supported having regard to the evidence – applicant seeking leave to raise various other new grounds as evidencing a substantial miscarriage of justice at trial.CA 329/06 6 July 2007
Result
Application for leave to appeal granted.
24 September 2007
________________________
Appeal allowed, convictions set aside. New trial ordered.
18 April 2008
24 September 2007
________________________
Appeal allowed, convictions set aside. New trial ordered.
18 April 2008
Substantive judgment
ALEX KWONG WONG v R SC 53/2007 [18 April 2008] (PDF, 26 KB)
Judgment appealed from
Application for rehearing or addition of new ground of appeal
Substantive judgment
Transcript
Case name
Mustafa Can v The Queen
Case number
SC 54/2007
Summary
Criminal – sexual violation – s 128 Crimes Act 1961 – whether the jury direction on the applicant’s reasonable belief in consent, based on the test in R v Gutuama (Court of Appeal, CA 275/01, 13 December 2001), was in conflict with the statutory language in s 128 Crimes Act 1961 – whether expert evidence as to the intellectual limitations of the complainant was wrongly admitted.CA 492/05 16 July 2007
Result
Application for leave to appeal dismissed. 27 November 2007
Leave judgment - leave dismissed
MUSTAFA CAN v R SC 54/2007 [27 November 2007] (PDF, 19 KB)
Judgment appealed from
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