Malcolm Albert Spark v The Queen - SC 77/2009

Summary

Civil appeal – Whether the Court of Appeal erred in finding that the Films Videos and Publications Classification Act 1993 applies to private material that was never intended to be made public; whether the Court of Ap peal erred in determining that the possession of objectionable material for private use is a “publication” for the purposes of the Act; whether the Court of Appeal erred in failing to apply the New Zealand Bill of Rights Act 1990 to interpretation of the word “publication”; whether the Court of Appeal erred in determining that it was permissible to repeatedly question an accused when the accused has stated that he does not wish to provide the information sought.[2009]  NZCA  345    CA 267/2009   6 August  2009

Result

Application for leave to appeal dismissed. 16 December 2009

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