G (CA374/2015) v R [2015] NZCA 293
The court granted leave to appeal but, after hearing, found the grounds insufficient to overturn the decision and dismissed the appeal; an interim publication prohibition was necessary to protect complainants under s139 until final disposition of the trial.
Source-derived case information.
- Citation
- [2015] NZCA 293
- Parties
- Appellant: G (CA374/2015); Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 10 July 2015
- Procedural Posture
- Criminal Appeal / Leave to Appeal Granted; Appeal Dismissed; Publication Order Made
- Outcome
- Leave to appeal granted; appeal dismissed; publication prohibition ordered until final disposition of trial; publication in law reports or law digests permitted.
- Legal Topics
- Leave to Appeal, Appeal Dismissal, Name Suppression, Publication Ban, Criminal Justice Act S139
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
G (CA374/2015)
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Leave to Appeal Granted; Appeal Dismissed; Publication Order Made
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the grounds of appeal justify overturning the decision
- 3 Whether a publication prohibition is required to protect complainants under s139 Criminal Justice Act 1985
Ratio Decidendi
The court granted leave to appeal but, after hearing, found the grounds insufficient to overturn the decision and dismissed the appeal; an interim publication prohibition was necessary to protect complainants under s139 until final disposition of the trial.
Court Disposition
Leave to appeal granted; appeal dismissed; publication prohibition ordered until final disposition of trial; publication in law reports or law digests permitted.
Orders
- Leave to appeal granted
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
G (CA374/2015) v R [2015] NZCA 293 [10 July 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 OR IDENTIFYING PARTICULARS OFCOMPLAINANTS PROHIBITED BY S 139 OF THE CRIMINAL JUSTICEACT 1985.IN THE COURT OF APPEAL OF NEW ZEALANDCA374/2015[2015] NZCA 293BETWEEN G (CA374/2015)AppellantAND THE QUEENRespondentHearing: 8 July 2015Court: Cooper, Keane and Kós JJCounsel: C L Hollingsworth and J M Miller for AppellantK S Grau for RespondentJudgment: 10 July 2015 at 2.15 pmJUDGMENT OF THE COURTA The application for leave to appeal is granted.B The appeal is dismissed.C Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.____________________________________________________________________[Reasons to follow]Solicitors:John Miller Law, Wellington for AppellantCrown Law Office, Wellington for Respondent