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.
28 November 2025
Case information summary 2025 (as at 28 November 2025) – Cases where leave granted (PDF, 87 KB)
Case information summary 2025 (as at 28 November 2025) – Cases where leave to appeal decision not yet made (PDF, 120 KB)
All years
Case name
Moncello David Shirley v The Queen
Case number
SC 101/2009
Summary
Criminal appeal – convictions for wounding with intent, aggravated burglary and possession of a knife – whether the Court of Appeal erred in rejecting the possibility of self-defence and provocation – whether the Court of Appeal gave insufficient weight to supplementary reports which indicated that certain of the appellant’s characteristics should have been seen as mitigating factors in sentencing – whether the Court of Appeal erred in failing to consider the possible application of section 9 of the New Zealand Bill of Rights Act 1990, given the applicant’s history and experiences in prison.[2009] NZCA 509 CA 57/2009 23 October 2009
Result
Application for leave to appeal dismissed. 5 March 2010
Leave judgment - leave dismissed
SHIRLEY v R SC 101/2009 [5 March 2010] (PDF, 29 KB)
Judgment appealed from
Case name
Raymond Everest Hessell v The Queen
Case number
SC 102/2009
Summary
Criminal Appeal – The applicant appeals against sentence and aspects of the sentencing guidelines on discounts for guilty pleas issued by the Court of Appeal. The issues are: whether the Court of Appeal was right in the circumstances to issue a guideline judgment; if so, whether the guidelines are sufficiently flexible or unduly fetter the courts’ future sentencing discretion; whether a 33% discount to the defendant’s sentence is appropriate for a guilty plea at the “first reasonable opportunity”; whether lesser discounts are appropriate for guilty pleas at subsequent stages of the proceedings; whether an early guilty plea should be considered to be an indicator of remorse on the part of the accused or whether remorse should be assessed on its merits; whether credit should be given for remorse even though not given at “first reasonable opportunity”; whether the guidelines should apply to murder cases; whether guidance should be provided in applying guidelines. [2009] NZCA 450 CA 170/2009 2 October 2009
Result
The application for leave to appeal is granted. The approved ground of appeal is whether the discount for Mr Hessell’ s guilty plea was appropriately given in accordance with sentencing principles and the Sentencing Act 2002.
19 April 2010
__________________
Appeal dismissed.
16 November 2010
19 April 2010
__________________
Appeal dismissed.
16 November 2010
Media Releases
Leave judgment - leave granted
Substantive judgment
HESSELL v R SC 102/2009 [16 November 2010] (PDF, 212 KB)
Transcript
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Judgment appealed from
Case name
Peter Morrison Petryszick v The Queen
Case number
SC 103/2009
Summary
Criminal – Appeal against conviction – Criminal Procedure – Abuse of Process – Delay – Appellant granted adjournment by Court of Appeal on strict terms with which he failed to comply – Whether Court of Appeal erred in concluding no merit in grounds of appeal raised – Whether Court of Appeal erred in not affording the appellant additional time to investigate grounds of complaint.[2009] NZCA 515 CA 269/2008 27 October 2009
Result
Application for leave to appeal granted on the question whether the applicant was denied his right to appeal.
20 April 2010
___________________
A The appeal is allowed and the order made by the Court of Appeal set aside. B The appellant’ s appeal against his conviction is remitted to the Court of Appeal for determination in accordance with s 385(1) of the Crimes Act 1961.
24 August 2010
20 April 2010
___________________
A The appeal is allowed and the order made by the Court of Appeal set aside. B The appellant’ s appeal against his conviction is remitted to the Court of Appeal for determination in accordance with s 385(1) of the Crimes Act 1961.
24 August 2010
Transcripts
- sc 103 2009 petryszick peter morrison v r (PDF, 431 KB)
Media Releases
- MR [2010] NZSC 105 (PDF, 87 KB)
Leave judgment - leave granted
Substantive judgment
PETRYSZICK v R SC 103/2009 [24 August 2010] (PDF, 148 KB)
Substantive judgment / Media release
Judgment appealed from
Transcript
Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ
Case name
Ghlenn Thomas Douglas Gollop v The Queen
Case number
SC 104/2009
Summary
Criminal Appeal – appeal against sentence – whether the Court of Appeal erred in finding without evidence to the required standard that the quantum of manufacture was 250g which materially effected the level of sentence in terms of s 24 of the Sentencing Act 2002 – whether the Court of Appeal erred in finding the minimum term of imprisonment was justified when the appellant was not represented by counsel at sentencing, contrary to s 30 of the Sentencing Act 2002.[2009] NZCA 486 CA 162/200 19 October 2009
Result
Application for leave to appeal dismissed.
17 December 2009
17 December 2009
Leave judgment - leave dismissed
GOLLOP v R SC 104/2009 [17 December 2009] (PDF, 38 KB)
Judgment appealed from
Case name
Dean Noble v The Queen
Case number
SC 108/2009
Summary
Criminal – Appeal against conviction – Assault – Sexual Violation – Whether Court of Appeal erred in law in its findings regarding admissibility and credibility – Whether Court of Appeal erred in concluding trial Judge’s irregular jury directions on previous inconsistent statements could not have, either on their own or in conjunction with any of the other alleged errors, have affected the trial result and led to a miscarriage of justice on a R v Matenga [2009] 3 NZLR 145 analysis.[2009] NZCA 507 CA 633/2008 23 October 2009
Result
Application for leave to appeal dismissed.
16 July 2010
16 July 2010
Leave judgment - leave dismissed
Judgment appealed from
Case name
Adrian Stanley Budd v The Queen
Case number
SC 109/2009
Summary
Criminal appeal – Sexual offences – whether the Court of Appeal erred in finding there was no miscarriage of justice within s 385(1) (c) Crimes Act 1961 on the basis trial counsel was not incompetent. [2009] NZCA 419 CA 747/2008 21 September 2009
Result
Application for leave to appeal dismissed.
12 July 2010
12 July 2010
Leave judgment - leave dismissed
BUDD v R SC 109/2009 [12 July 2010] (PDF, 45 KB)
Judgment appealed from
Case name
Edward Woodrow Collins v The Queen
Case number
SC 110/2009
Summary
Criminal – Conspiracy to manufacture Class A drug – Whether the Court of Appeal erred in finding that the trial Judge gave proper jury directions on the evidence of co-conspirators – Whether the Court of Appeal erred in not ruling whether there was reasonable evidence that the applicant adhered to the conspiracy.[2009] NZCA 519 CA 119/2009 4 November 2009
Result
Application for leave to appeal dismissed.
2 March 2010
2 March 2010
Leave judgment - leave dismissed
COLLINS v R SC 110/2009 [2 March 2010] (PDF, 13 KB)
Judgment appealed from
Case name
Stephen Leslie Jellyman v The Queen
Case number
SC 112/2009
Summary
Criminal Appeal – whether the sentence of preventive detention was manifestly excessive; Whether the appellant’s right to silence and right against self-incrimination were breached by admitting the appellant’ s videotaped statement to police; Whether the complainant, who was intellectually disadvantaged, understood either the oath or the moral or legal consequences of not telling the truth and thereby occasioning a miscarriage of justice; Whether the complainant’s unsworn evidence was admissible.[2009] NZCA 532 CA 6/2009 12 November 2009
Result
Application for leave to appeal dismissed.
12 March 2010
12 March 2010
Leave judgment - leave dismissed
JELLYMAN v R SC 112/2009 [12 March 2010] (PDF, 14 KB)
Case name
Garry Maui Isherwood v The Queen
Case number
SC 115/2009
Summary
Criminal – Appeal against conviction and sentence – Administering a Class B drug and sexual violation – Whether miscarriage of justice – Incompetence of trial counsel – Whether Court should admit new evidence.CA 182/2004 14 March 2005
Result
Application for leave to appeal dismissed. 9 February 2010
Leave judgment - leave dismissed
Isherwood v R SC 115/2009 [9 February 2010] (PDF, 10 KB)
Case name
Matthew John Birchler v New Zealand Police
Case number
SC 116/2009
Summary
Criminal – appeal directly from the High Court under s 144A(1)(a) of the Summary Proceedings Act 1957 – intended appeal against the determination of the High Court by way of case stated under s 107 of the Summary Proceedings Act – whether direct appeal to the Supreme Court appropriate given that the Court of Appeal has previously refused leave to appeal on this point on the basis that there were no grounds for challenge to the well established interpretation of s 108 of the Summary Proceedings Act in Davis v Mingins (HC, Rot, AP 48/91, 30/10/91, Fisher J). CRI 2009 485 83 25 November 2009
Result
Application for leave to appeal granted.
18 March 2010
_____________________________
Appeal allowed. Order made in the High Court remitting the matter for consideration in the District Court is quashed.
Reasons to be given later.
Leave judgment - leave granted
Substantive judgment / Media release
Transcript
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