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.
8 November 2024
Case information summary 2024 (as at 8 November 2024) – Cases where leave granted (126 KB)
Case information summary 2024 (as at 8 November 2024) – Cases where leave to appeal decision not yet made (PDF, 116 KB)
2004
Case name
Pourshad Marco Arvand v The Queen
Case number
SC CRI 3/2004
Result
It was adjudged that the application for leave to appeal be dismissed.
15 July 2004
15 July 2004
Leave judgment - leave dismissed
Summary
Judgment appealed from
not publicly available
Transcript
Elias CJ and Tipping J
Case name
Leonard Murray Rohrlach
Case number
SC CRI 4/2004
Summary
Criminal appeal against conviction - Whether trial counsel error amounted to a miscarriage of justice - Whether s344A application should have been opposed by defence counsel - Whether complainant should have been cross-examined in relation to medical and ESR evidence - Whether detective should have been cross-examined in relation to record of appellant's statements - Whether appellant able to make informed decision about giving evidence at trial. CA272/03 28 April 2004
Result
30 June 2004 - No jurisdiction to entertain appeal as no consent from respondent pursuant to Section 51 (2) (d).
Judgment appealed from
not publicly available
Case name
Donald Hugh SIMCOCK
Case number
SC CRI 5/2004
Summary
Criminal appeal against conviction - using a document for pecuniary advantage - elements of fraud - whether making a secret profit in conscious disregard of fiduciary obligations is sufficient to amount to fraud. CA 322/03 19 May 2004 and 10 June 2004
Result
7 July 2004 - Notice of abandonment being filed - the application for leave to appeal is deemed to be refused.
Judgment appealed from
Case name
Alan Ivo Greer v R
Case number
SC CRI 6/2004
Summary
Criminal appeal against conviction and sentence - alleged incompetence by counsel acting for the applicant on his appeal - whether evidence wrongly admitted - whether sentence manifestly excessive. CA 163/03 20 May 2004
Result
Leave to appeal dismissed. 9 September 2004
Leave judgment - leave dismissed
Judgment appealed from
Case name
R v T
Case number
SC CRI 7/2004
Summary
Criminal appeal against conviction - whether identification evidence of complainant and photographic identification evidence was admissible. CA 486/03 & CA36/04 14 June 2004
Result
Leave to appeal refused. 12 October 2004
Leave judgment - leave dismissed
Not publicly available
Judgment appealed from
not publicly available
14 June 2004
Case name
Fiso Siloata
Case number
SC CRI 8/2004
Summary
Criminal appeal against conviction for possession of cannabis for supply - whether the jury must be unanimous that the defence has failed to rebut the presumption that possession of cannabis was for supply. CA 447/03 14 July 2004
Result
Leave to appeal granted.
14 September 2004
____________________________
Appeal dismissed.
16 December 2004
14 September 2004
____________________________
Appeal dismissed.
16 December 2004
Leave judgment - leave granted
Siloata v R 14 september 2004 SC CRI 8/2004 (PDF, 10 KB)
Supreme court decision
SILOATA V R SC SC CRI 8/2004 [16 December 2004] (PDF, 79 KB)
Judgment appealed from
Transcript
Case name
Matthew James Tehau Teepa
Case number
SC CRI 9/2004
Summary
Criminal appeal against sentence - whether minimum term of imprisonment of 4 years excessive on basis of failure to recognise again the relevant mitigating factors. CA79/04 24 July 2004
Result
Leave to appeal refused 14 October 2004
Leave judgment - leave dismissed
TEEPA V R SC SC CRI 9/2004 [14 October 2004] (PDF, 16 KB)
Judgment appealed from
Case name
Kevin Moana Jarden
Case number
SC CRI 10/2004
Summary
Criminal appeal against conviction for sexual offending - whether there was a risk that the jury did not receive a balanced selection of material in its deliberations - whether transcripts of the video interviews of the complainants should have been left with the jury without transcripts of their cross-examination as well. CA114/04 29 July 2004
Result
Leave to appeal refused 20 October 2004
Leave judgment - leave dismissed
JARDEN V R SC SC CRI 10/2004 [20 October 2004] (PDF, 13 KB)
Case name
R v Atirut Sungsuwan.
Case number
SC CRI 11/2004
Summary
Criminal appeal against conviction - whether trial counsel made a fundamental error in not making an application under s23A of the Evidence Act to admit evidence of the complainant's previous sexual history - proper approach to whether an error by counsel has resulted in a miscarriage of justice: R v Paparachi (1993) 10 CRNZ 293 (CA) and Benedetto v R [2003] 1 WLR 1545 (PC) - whether prosecutor should be allowed to make statements in closing which are known to be contradicted to be called at trial. CA479/03 11 August 2004
Result
Leave to appeal granted.
17 December 2004
______________________
Appeal dismissed.
25 August 2005
17 December 2004
______________________
Appeal dismissed.
25 August 2005
Leave judgment - leave granted
R V SUNGSUWAN SC SC CRI 11/2004 [17 December 2004] (PDF, 12 KB)
Substantive judgment
SUNGSUWAN V R SC SC 11/2004 [25 August 2005] (PDF, 146 KB)
Transcript
Case name
Raymond Simpson v Kawerau District Council.
Case number
SC CRI 12/2004
Summary
Criminal appeal - appeal against the decision of the Court of Appeal to decline to grant special leave to appeal to that Court. CA76/04 27 July 2004
Result
Leave to appeal refused. 5 October 2004
Leave judgment - leave dismissed
Judgment appealed from
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