Luca Fairgray v The King - SC 14/2023

A The application for leave to appeal by M is granted (LF (CA596/2022) v R and [M] (CA671/2022) v R [2022] NZCA 656). The approved question is whether the Court of Appeal was correct to dismiss M’s appeal in so far as it sought suppression of LF’s name under ss 200(1) and 200(2)(f) of the Criminal Procedure Act 2011.
B The application for an extension of time by LF to appeal direct to this Court, against the High Court’s judgment ([LF] v R [2022] NZHC 2547) is granted. Leave to appeal is granted. The approved question is whether the High Court was correct to decline to grant LF permanent name suppression.
C We make an interim order prohibiting publication of LF’s name, address, occupation or identifying particulars pending the determination of the appeals by the Supreme Court.
D We make an order prohibiting publication of this judgment until 2 pm on 25 May 2023
23 May 2023
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A The application by the appellant LF to adduce evidence updating the position in terms of social media and other coverage relating to LF’s case is granted.
B M’s appeal is dismissed.
C LF’s appeal is dismissed.
D Order prohibiting publication of LF’s name, address, occupation or identifying particulars until 5.00 pm on 14 June 2024 or on earlier order of the Court quashing or varying this order.
E Order prohibiting publication of the media release; of the minutes; and of this judgment or any information therein until the judgment is delivered at 4.00 pm on 23 April 2024.
F Order prohibiting publication of any reference to mental health issues beyond those made in the judgment which is made publicly available.
G Order redacting part of the excerpt set out at [74] of the judgment which is made publicly available.
H Order made that the files for these appeals are not to be searched without the leave of a Judge of this Court.
23 April 2024


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NOTE:  INTERIM ORDER PROHIBITING PUBLICATION OF LF’S NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS HAS BEEN EXTENDED UNTIL 5.00 PM 31 MARCH 2025 OR ON EARLIER ORDER OF THE COURT QUASHING OR VARYING THIS ORDER.__________________________________________
A The application to quash the interim order this Court prohibiting publication of the name, address, occupation or identifying particulars of the appellant is granted with effect as from 2.00 pm on Monday 3 March 2025. Suppression will lapse at that time.
B The application for extension of the interim order prohibiting publication of the appellant’s name in relation to his previous offending is declined.        
28 February 2025