Supreme Court case information
Listed below are the substantive Supreme Court cases for the year along with appeals still to be determined or cases awaiting hearing.
Information giving an overview of the case is included along with media releases and links to judgments being appealed when available.
All 2024 - 2014 Supreme Court cases dismissed or deemed to be dismissed where a notice of abandonment was received can be found here.
Transcripts for cases heard before the Supreme Court are included provided they are not suppressed. Transcripts from pre-trial hearings are not published until the final disposition of trial. These are unedited transcripts and they are not a formal record of the Court’s proceedings. The Ministry of Justice does not accept responsibility for the accuracy or completeness of any material and recommends that users exercise their own skill and care with respect to its use.
14 May 2024
Case information summary 2024 (as at 14 May 2024) – Cases where leave granted (121 KB)
Case information summary 2024 (as at 14 May 2024) – Cases where leave to appeal decision not yet made (PDF, 92 KB)
All years
Case name
Kevin Moana Jarden
Case number
SC CRI 10/2004
Summary
Criminal appeal against conviction for sexual offending - whether there was a risk that the jury did not receive a balanced selection of material in its deliberations - whether transcripts of the video interviews of the complainants should have been left with the jury without transcripts of their cross-examination as well. CA114/04 29 July 2004
Result
Leave to appeal refused 20 October 2004
Leave judgment - leave dismissed
JARDEN V R SC SC CRI 10/2004 [20 October 2004] (PDF, 13 KB)
Case name
R v Atirut Sungsuwan.
Case number
SC CRI 11/2004
Summary
Criminal appeal against conviction - whether trial counsel made a fundamental error in not making an application under s23A of the Evidence Act to admit evidence of the complainant's previous sexual history - proper approach to whether an error by counsel has resulted in a miscarriage of justice: R v Paparachi (1993) 10 CRNZ 293 (CA) and Benedetto v R [2003] 1 WLR 1545 (PC) - whether prosecutor should be allowed to make statements in closing which are known to be contradicted to be called at trial. CA479/03 11 August 2004
Result
Leave to appeal granted.
17 December 2004
______________________
Appeal dismissed.
25 August 2005
17 December 2004
______________________
Appeal dismissed.
25 August 2005
Leave judgment - leave granted
R V SUNGSUWAN SC SC CRI 11/2004 [17 December 2004] (PDF, 12 KB)
Substantive judgment
SUNGSUWAN V R SC SC 11/2004 [25 August 2005] (PDF, 146 KB)
Transcript
Case name
Raymond Simpson v Kawerau District Council.
Case number
SC CRI 12/2004
Summary
Criminal appeal - appeal against the decision of the Court of Appeal to decline to grant special leave to appeal to that Court. CA76/04 27 July 2004
Result
Leave to appeal refused. 5 October 2004
Leave judgment - leave dismissed
Judgment appealed from
Case name
Graham Ashley Robert Palmer.
Case number
SC CRI 13/2004
Summary
Criminal Appeal - appeal against decision of the Court of Appeal to decline leave to withdraw a notice of abandonment of appeal. CA140/04 16 August 2004
Result
Leave to appeal refused. 12 October 2004
Leave judgment - leave dismissed
PALMER V R SC SC CRI 13/2004 [12 October 2004] (PDF, 39 KB)
Judgment appealed from
Case name
Aerengaroa Timoti v The Queen
Case number
SC CRI 14/2004
Summary
Criminal appeal against conviction - Whether, in the circumstances of this case, provocation was available as a partial defence to murder under s167(d) of the Crimes Act - Whether the jury direction on provocation was inadequate, resulting in a miscarriage of justice. CA3/00 25 August 2004 PDF 92kb
Result
Leave to appeal granted.
10 December 2004
________________________
Appeal allowed. Conviction quashed. New Trial ordered.
21 June 2005
10 December 2004
________________________
Appeal allowed. Conviction quashed. New Trial ordered.
21 June 2005
Leave judgment - leave granted
TIMOTI V R SC SC CRI 14/2004 [10 December 2004] (PDF, 11 KB)
Transcript
Substantive judgment
Case name
Yuang Ying Zhang v The Queen
Case number
SC CRI 15/2004
Summary
Appeal against conviction - jurisdiction of the Court of Appeal to hear appeal following guilty plea - whether s19(2)(b) of the Interpretation Act 1999 allows substitution of repealed offences in indictment - whether conspiracy to evade the Fisheries Act 1993 by fraudulent means can amount to a conspiracy under s247 of the Crimes Act 1961 (repealed) where the conduct engaged in is not criminal. - whether R v Walters [1993] 1 NZLR 533 (CA) correct - whether charge related to more than one transaction in breach of s329(6) of the Crimes Act. CA 153/04 13 July 2004
Result
Leave to appeal refused.
3 February 2005
3 February 2005
Transcripts
- SC CRI 15/2004 transcript (PDF, 79 KB)
Leave judgment - leave dismissed
Zhang V R SC SC CRI 15/2004 [3 February 2005] (PDF, 16 KB)
Judgment appealed from
Case name
Jesse Michael Guild
Case number
SC CRI 17/2004
Summary
Criminal appeal against conviction - whether the Court of Appeal erred in its approach to the use of similar fact evidence - whether a substantial miscarriage of justice has occurred. CA84/04 7 April 2004CA210/04 11 October 2004
Result
Leave to appeal dismissed. 2 February 2005
Leave judgment - leave dismissed
GUILD V R SC SC CRI 17/2004 [2 February 2005] (PDF, 15 KB)
Case name
Donald Lyall Trotter
Case number
SC CRI 18/2004
Summary
Criminal appeal - whether sentence of preventive detention should have been imposed - whether substantial miscarriage of justice has occurred as a result. CA253/03 14 October 2003
Result
Leave to appeal dismissed. 3 March 2005
Leave judgment - leave dismissed
TROTTER V R SC SC CRI 18/2004 [3 March 2005] (PDF, 18 KB)
Case name
Christian Paul Clifton
Case number
SC CRI 19/2004
Summary
Criminal appeal against conviction and sentence for conspiracy to import Class B drug, importing a Class B drug, possession of a Class B drug, conspiracy to manufacture a Class B drug, possession of equipment, and possession of a precursor substance - miscarriage of justice alleged on the basis of misdirection by trial judge, time delays by the Court of Appeal in delivering judgment, error by Court of Appeal in failing to give leave to adduce fresh evidence - sentence of 6 years 10 months' imprisonment manifestly excessive. CA398/03 8 November 2004
Result
Leave to appeal dismissed. 17 February 2005
Leave judgment - leave dismissed
CLIFTON V R SC SC CRI 19/2004 [17 February 2005] (PDF, 18 KB)
Judgment appealed from
Case name
Thomas Maxwell Clark v The Queen
Case number
SC CRI 20/2004
Summary
Criminal appeal against pre-trial ruling - whether Judge erred in declining to order severance of two counts of sexual offending - whether the evidence of mutual compaints sufficiently qualified as similar fact evidence - what the appropriate test for admission of similar fact evidence should be - whether the issue of possible collusion between the two complainants should have been explored on a voir dire before trial. CA 306/04 6 December 2004
Result
Application for leave dismissed. 10 May 2005
Leave judgment - leave dismissed
CLARK V R SC CRI 20/2004 [10 May 2005] (PDF, 39 KB)
Transcript
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