TAIRAKENA v R CA79/2015 [2015] NZCA 63
Leave to appeal was granted but the appeal was dismissed on its merits because the appellate court found no error sufficient to overturn the decision below.
Source-derived case information.
- Citation
- [2015] NZCA 63
- Parties
- Appellant: Diana Tairakena; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 10 March 2015
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Decision
- Outcome
- Application for leave to appeal granted; appeal dismissed.
- Legal Topics
- Leave to Appeal, Publication Ban Under Criminal Procedure, Appeal Dismissal
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Diana Tairakena
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Decision
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the grounds of appeal succeed such that the conviction or outcome should be overturned
- 3 Whether publication of the judgment or identifying particulars of complainants is prohibited under statute
Ratio Decidendi
Leave to appeal was granted but the appeal was dismissed on its merits because the appellate court found no error sufficient to overturn the decision below.
Court Disposition
Application for leave to appeal granted; appeal dismissed.
Orders
- Application for leave to appeal granted.
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
TAIRAKENA v R CA79/2015 [2015] NZCA 63 [10 March 2015]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.NOTE: PUBLICATION OF NAMES, ADDRESSES OR IDENTIFYINGPARTICULARS OF COMPLAINANTS PROHIBITED BY SECTION 203OF THE CRIMINAL PROCEDURE ACT 2011.IN THE COURT OF APPEAL OF NEW ZEALANDCA79/2015[2015] NZCA 63BETWEEN DIANA TAIRAKENAAppellantAND THE QUEENRespondentHearing: 10 March 2015Court: White, Fogarty and Dobson JJCounsel: B J Hesketh and P I Pati for AppellantG A Kelly for RespondentJudgment: 10 March 2015 at 11.30 amJUDGMENT OF THE COURTA The application for leave to appeal is granted.B The appeal is dismissed.____________________________________________________________________[Reasons to follow]Solicitors:Public Defence Service, Manukau for AppellantCrown Law, Wellington for Respondent