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SHAY O’ CARROLL v the Queen - SC 129/2019

Media releases

Summary

Criminal Appeal – Whether the Court of Appeal was correct to dismiss the appeal against a decision of the High Court – Whether s 155 of the Cook Islands Act 1915 (NZ) provides a jurisdictional bar to the imposition of a sentence of home detention

Result

A The application for leave to appeal is granted (Carroll v R [2019] NZCA 657).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
C Bail is extended on the same conditions until the determination of the appeal.
5 March 2020
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A The appeal is allowed.
B The sentence of 22 months’ imprisonment is quashed and a sentence of 10 months’ home detention is substituted. The sentence is subject to the conditions listed at [55] of the judgment.
14 September 2020

Date of Hearing

11 June 2020

Judges

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

Hearing Transcripts

Related Documents

High Court decision — R v O’CARROLL [2019] NZHC 2035 [19 August 2019]

Court of Appeal decision — SHAY O’CARROLL v R [2019] NZCA 657 [17 December 2019

Leave judgment - leave granted — SHAY O’ CARROLL v R [2020] NZSC 15 [5 March 2020] (PDF 31 KB)

Substantive judgment — SHAY O’CARROLL v R [2020] NZSC 92 (PDF 104 KB)