Mark Jospeh Hoggart v The King - SC 77/2023
Summary
Criminal Appeal
Result
A Mr Hoggart’s application for an extension of time to apply for leave to appeal is granted.
B The applications for leave to appeal are granted in part ([W] v R [2023] NZCA 155). The approved questions are:
1 Whether the Court of Appeal was correct to conclude that a media take down order was not required in the circumstances of this case.
2 Whether the Court of Appeal was correct to conclude that the verdicts were not unreasonable in light of admissible evidence relating to the potential culpability of Lester Hamilton (deceased).
C The applications for leave to appeal are otherwise dismissed.
D Interim order suppressing the name of W and any identifying particulars made on 9 June 2023 is to continue until further order.
12 December 2023
B The applications for leave to appeal are granted in part ([W] v R [2023] NZCA 155). The approved questions are:
1 Whether the Court of Appeal was correct to conclude that a media take down order was not required in the circumstances of this case.
2 Whether the Court of Appeal was correct to conclude that the verdicts were not unreasonable in light of admissible evidence relating to the potential culpability of Lester Hamilton (deceased).
C The applications for leave to appeal are otherwise dismissed.
D Interim order suppressing the name of W and any identifying particulars made on 9 June 2023 is to continue until further order.
12 December 2023
Date of Hearing
06 August 2024 — 07 August 2024
Judges
Winkelmann CJ, Glazebrook, Ellen France, Kós and Miller JJ
Related Documents
High Court decision — Not publicly available
Court of Appeal decision — Not publicly available
Leave judgment - leave granted — W (SC 60/2023) v R and MARK JOSEPH HOGGART v R [2023] NZSC 164 [12 December 2023 (PDF 197 KB)