Solicitor-General's Reference (No 1 of 2023) from CA636/2021 ([2022] NZCA 504) - SC 12/2023
Media releases
Summary
Solicitor-General's Reference
Result
A We grant leave to the Solicitor-General to refer the following question of law (arising from Darling v R [2022] NZCA 504) to this Court under s 317 of the Criminal Procedure Act 2011: On the facts as set out in the Court of Appeal decision and the relevant documents on which guilty pleas were entered, did Mr Anderson’s acquittal mean that Mr Darling could not, in law, have been convicted of the offence with which he was charged, despite his guilty plea?
B We appoint Ms Guy Kidd KC as counsel to assist the Court under s 318(3)(a) of the Criminal Procedure Act.
6 April 2023
__________________________________________________________
The question of law (arising from Darling v R [2022] NZCA 504) referred to this Court being whether Mr Anderson’s acquittal meant that Mr Darling could not, in law, have been convicted of the offence with which he was charged, despite his guilty plea, is answered “No”.
17 November 2023
B We appoint Ms Guy Kidd KC as counsel to assist the Court under s 318(3)(a) of the Criminal Procedure Act.
6 April 2023
__________________________________________________________
The question of law (arising from Darling v R [2022] NZCA 504) referred to this Court being whether Mr Anderson’s acquittal meant that Mr Darling could not, in law, have been convicted of the offence with which he was charged, despite his guilty plea, is answered “No”.
17 November 2023
Date of Hearing
16 August 2023
Judges
Winkelmann CJ, O’Regan, Ellen France, Williams and Kós JJ; Venue: Auckland Environment Court, Courtroom 2, 41 Federal Street, Auckland
Case Synopses
Submissions from counsel
- Hearing date 16 August 2023 Counsel to assist submissions (PDF 408 KB)
- Hearing date 16 August 2023 Solicitor Generals submissions (PDF 478 KB)