LM v The Queen - SC 143/2013

Media releases

Summary

Criminal Appeal – Crimes Act 1961, ss 132 and 144A – Whether the offences in s 132 of the Crimes Act 1961 require physical contact with a child and a desire for sexual gratification – Whether New Zealand has the power to legislate against conduct beyond its own territory, in particular where the conduct is lawful in the place where it occurs – Whether or not the evidence justified the applicant’s convictions – Whether the Court of Appeal erred in upholding the applicant’s guilty plea -  [2013] NZCA 145    CA 217/2012

Result

Leave to appeal against conviction on the charge under s 144A of the Crimes Act 1961 is granted.  

The approved ground of appeal is whether s 144A criminalises offending as a party under s 66 of the Crimes Act.

The application to appeal against conviction on the charge under ss 131A and 145A of the Films, Videos and Publications Classification Act 1993 is dismissed.
20 February 2014
______________________
Appeal dismissed.
13 August 2014

Related Documents

Leave judgment - leave granted — LM v R [2014] NZSC 9 [20 February 2014] (PDF 44 KB)

Supreme court decision — LM v R [2014] NZSC 64 [5 June 2014] (PDF 49 KB)

Substantive judgment — LM v R [2014] NZSC 110 [13 August 2014] (PDF 186 KB)

Additional Information

Transcript

Hearing date : 17 June 2014

Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.