R v ALI AND KURISI [2017] NZHC 63

R v ALI AND KURISI [2017] NZHC 63

The reparation order was varied to NZD25,487 because the original schedule erroneously included a complainant who did not give evidence and was not convicted; access by a reporter to the court file was limited to inspection, copying and searching of the notes of evidence only, balancing open justice against victims' privacy under r13 and r16 of the Access Rules.

Citation
[2017] NZHC 63
Parties
Prosecution: The Queen; Defendant: Feroz Ali; Defendant: Jafar Kurisi
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 February 2017
Procedural Posture
Criminal (trafficking of Human Beings; Exploitation of Workers; Immigration Act Offences) / Post Sentencing Variation of Reparation Order and Application for Access to Court File
Outcome
Reparation order varied and limited media access to notes of evidence granted
Legal Topics
Reparation, Sentencing, Access to Court File, Open Justice, Victim Privacy
Criminal Law Immigration Law Human Trafficking Evidence and Court Records Privacy Law Reparation Sentencing Access to Court File +2 more

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Parties

The Queen

Prosecution

Feroz Ali

Defendant

Jafar Kurisi

Defendant

Procedural Posture

Criminal (trafficking of Human Beings; Exploitation of Workers; Immigration Act Offences) / Post Sentencing Variation of Reparation Order and Application for Access to Court File

Legal Issues

  1. 1 Whether a reparation order should be varied to correct inclusion of a complainant not convicted
  2. 2 Scope of media access to the court file balancing open justice and victim privacy under the Access Rules

Ratio Decidendi

The reparation order was varied to NZD25,487 because the original schedule erroneously included a complainant who did not give evidence and was not convicted; access by a reporter to the court file was limited to inspection, copying and searching of the notes of evidence only, balancing open justice against victims' privacy under r13 and r16 of the Access Rules.

Court Disposition

Reparation order varied and limited media access to notes of evidence granted

Orders

  • Vary the reparation order made 15 December 2016 by substituting the sum of NZD25,487 and order that no payment is to be made to the identified complainant; otherwise as outlined in sentencing notes
  • Registrar may act on distribution of FJD14,000 currently held in a bank account in Fiji by Immigration New Zealand as part payment of the reparation order