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H v The Queen - SC 97/2018

Media releases

Summary

Criminal Appeal – Whether the Court of Appeal was correct to hold that s 322 of the Oranga Tamariki Act 1989 does not apply to the applicant’ s charge of rape – If s 322 does apply to the charge, whether the rape charge should have been dismissed prior to the applicant’s trial.

Result

A The application for leave to appeal against the conviction for rape is granted (H (CA376/2017) v R [2018] NZCA 376).
B The approved question is whether, in dealing with delay, the Court of Appeal correctly dealt with the age of the appellant (including the application of s 322 of the Oranga Tamariki Act 1989).
21 February 2019
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The appeal is dismissed.
3 July 2019

Related Documents

High Court decision — Not publicly available

Court of Appeal decision — Not publicly available

Leave judgment - leave granted — H (SC 97/2018) v R [2019] NZSC 4 [21 February 2019] (PDF 183 KB)

Substantive judgment — H (SC 97/2018) v R [2019] NZSC 69 [3 July 2019] (PDF 122 KB)