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
Brett Lionel Allison v The Queen
Case number
SC 63/2005
Summary
Criminal law - whether the Court of Appeal erred in holding that the High Court judge’s finding (that the Crown had proved beyond a reasonable doubt that certain cash was the proceeds of a serious offence or offences) was supported by the evidence - requirements of s257A(2) Crimes Act 1961.CA 20/05 15 August 2005
Result
Leave to appeal dismissed. 16 December 2005
Leave judgment - leave dismissed
ALLISON V R SC 63/2005 [16 December 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Devanand Solanki v The Queen
Case number
SC 65/2005
Summary
Criminal law - “ assault on a child - whether the Court of Appeal erred in holding that the evidence of the complainant's mother was undisputed - “ trial Judge indicated that a mere touching of the complainant might constitute an assault, and that the jury would have to be so informed.CA 106/05 6 September 2005
Result
Leave to appeal refused. 22 November 2005
Leave judgment - leave dismissed
SOLANKI V R SC 65/2005 [22 November 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Robert John Condon v The Queen
Case number
SC 66/2005
Summary
Criminal appeal - trial judge's refusal to grant adjournment following withdrawal of counsel leading to accused representing himself at trial - accused convicted and sentenced to imprisonment - whether breach of Sentencing Act 2002, s 30(1) or New Zealand Bill of Rights Act 1990, s 24 - applicant seeking leave to appeal out of timeCA 373/03 21 July 2004
Result
Leave to appeal granted.
27 March 2006
Leave judgment - leave granted
Transcription
Judgment appealed from
Case name
Akeel Hasan Abbas Al Biatty v The Queen
Case number
SC 67/2005
Summary
Criminal Law - whether the Court of Appeal erred in holding that 1) the trial Judge's summing up was not biased; 2) the jury was not placed under improper time pressure to return a verdict; 3) a sentence of preventive detention with a minimum non-parole period of seven years was not manifestly excessive.CA 120/05 17 October 2005
Result
Leave to appeal dismissed. 16 December 2005
Leave judgment - leave dismissed
Case name
Malcom Alan Francis v The Queen
Case number
SC 70/2005
Summary
Criminal Law - alleged counsel error - whether the accused’s failure to give evidence at trial led to a miscarriage of justice - whether the admission of certain evidence at trial led to a miscarriage of justice.CA 186/03 7 July 2004
Result
Leave to appeal dismissed. 13 February 2006
Leave judgment - leave dismissed
FRANCIS V R SC 70/2005 13 February 2006 (PDF, 11 KB)
Judgment appealed from
Case name
Jason John Cumming v The Queen
Case number
SC 72/2005
Summary
Criminal appeal - whether the Court of Appeal erred in holding an accused should be allowed to invoke right of self-representation where their decision was "fully informed and deliberate" whether the trial judges summing up and other interventions during the course of the trial led to a miscarriage of justice.CA 43/03 2 November 2005.
Result
Leave to appeal granted.
27 March 2006
_____________________
Appeal allowed, conviction quashed. New trial ordered.
15 May 2008
27 March 2006
_____________________
Appeal allowed, conviction quashed. New trial ordered.
15 May 2008
Date of hearing
19 October 2006
Judges
Elias CJ, Blanchard, Tipping, Anderson and Gault JJ: substantive hearing: 28 February 2008
Media Releases
- mediarelease sc722005cummingvr 000 (PDF, 87 KB)
Court of Appeal decision
Leave judgment - leave granted
CUMMING V R SC 72/2005 [27 March 2006] (PDF, 12 KB)
Substantive judgment
CUMMING v R SC 72/2005 [15 May 2008] (PDF, 51 KB)
Case name
Phillip Edward Crooks v R
Case number
SC 74/2005
Summary
Criminal law - inducing and indecent act and indecent assault on a girl under 14 years - whether Court of Appeal judgment factually flawed - whether Court of Appeal finding that evidence of grooming complainant a "highly relevant aggravating feature" unreasonable having regard to the evidence (s24 Sentencing Act 2002).CA 157/05 17 November 2005
Result
Leave to appeal dismissed. 20 March 2006
Leave judgment - leave dismissed
CROOKS V R SC 74/2005 [20 March 2006] (PDF, 15 KB)
Case name
Vaughn Bennett v The Queen
Case number
SC 16/2004 CRI 16/2004
Summary
Criminal appeal against conviction and sentence for charges of manslaughter and supply of a Class B drug - appellant administered methadone to victim - when a witness may be allowed to refresh his/her memory from statements made to police - when and how a timeline may be presented to a jury - whether a sentence of ten years' imprisonment (with a six year non-parole period) was within the range available to the sentencing judge. CA457/03 23 September 2004
Result
Application for leave to appeal refused.
10 December 2004
10 December 2004
Leave judgment - leave dismissed
Judgment appealed from
Case name
Robert Frank Terry v R
Case number
SC CRI 1/2004
Summary
Criminal appeal against conviction - whether Crown established elements of offence beyond reasonable doubt - whether appellant was misled or prejudiced by irregularity in initial information laid. CA 460/03 6 April 2004
Result
Leave to appeal refused. 15 July 2004
Leave judgment - leave dismissed
Judgment appealed from
Case name
Alan Ivo Greer v R
Case number
SC CRI 2/2004
Summary
Criminal appeal against conviction and sentence - whether conviction was against the weight of the evidence or unreasonable - whether the Court of Appeal failed to give the applicant a reasonable opportunity to be heard by refusing an application for an adjournment in order to facilitate further discovery. CA 49/03 15 March 2004
Result
Leave to appeal refused. 15 July 2004
Leave judgment - leave dismissed
ALAN IVO GREER V R SC SC CRI 2/2004 [15 July 2004] (PDF, 16 KB)
Judgment appealed from
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