HENSBY-BENNETT v R [2017] NZCA 371
The court declined leave to appeal because the application did not meet the required threshold of merit; the court contemporaneously made a temporary order prohibiting publication of the judgment and any part of the proceedings in news media or on the internet or other publicly available databases until final...
Source-derived case information.
- Citation
- [2017] NZCA 371
- Parties
- Applicant: Conrad Hensby-Bennett; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 24 August 2017
- Procedural Posture
- Application for Leave to Appeal (court of Appeal Criminal Appeal) / Decision on Application for Leave to Appeal
- Outcome
- Leave to appeal declined; publication prohibition ordered until final disposition of trial, with exceptions for law reports and law digests.
- Legal Topics
- Leave to Appeal, Publication Prohibition, Suppression Order, Reporting Restrictions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Conrad Hensby-Bennett
Applicant
The Queen
Respondent
Procedural Posture
Application for Leave to Appeal (court of Appeal Criminal Appeal) / Decision on Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether publication of the judgment and any part of the proceedings should be prohibited pending trial
Ratio Decidendi
The court declined leave to appeal because the application did not meet the required threshold of merit; the court contemporaneously made a temporary order prohibiting publication of the judgment and any part of the proceedings in news media or on the internet or other publicly available databases until final disposition of the trial, while permitting publication in law reports or law digests to balance open justice and fair trial interests.
Court Disposition
Leave to appeal declined; publication prohibition ordered until final disposition of trial, with exceptions for law reports and law digests.
Orders
- Leave to appeal declined.
- Order prohibiting publication of the judgment and any part of the proceedings in news media or on the internet or other publicly available database until final disposition of trial.
Full Case Text
Judgment text and source record
1 paragraphs
HENSBY-BENNETT v R [2017] NZCA 371 [24 August 2017]ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANYPART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWSMEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLEDATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION INLAW REPORT OR LAW DIGEST PERMITTED.IN THE COURT OF APPEAL OF NEW ZEALANDCA476/2017[2017] NZCA 371BETWEEN CONRAD HENSBY-BENNETTApplicantAND THE QUEENRespondentHearing: 24 August 2017Court: Winkelmann, Asher and Clifford JJCounsel: RA Weir for ApplicantR G Douch for RespondentJudgment: 24 August 2017 at 4 pmJUDGMENT OF THE COURTA Leave to appeal is declined.B Order made prohibiting publication of the judgment and any part of theproceedings in news media or on the internet or other publicly availabledatabase until final disposition of trial. Publication in law report or lawdigest permitted.____________________________________________________________________[Reasons to follow.]Solicitors:Crown Law Office, Wellington for Respondent