MICHIE v R [2017] NZCA 370
The Court granted an extension of time as a discretionary exercise but declined leave to appeal because the applicant failed to demonstrate sufficient grounds or prospects of success; a suppression order was made to prohibit publication until final disposition of the trial.
Source-derived case information.
- Citation
- [2017] NZCA 370
- Parties
- Applicant: Glen Paul Michie; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 24 August 2017
- Procedural Posture
- Application for Leave to Appeal (criminal) / Court of Appeal Decision on Extension of Time and Leave Application
- Outcome
- Extension of time granted; Leave to appeal declined; Suppression order made prohibiting publication until final disposition of trial; Publication in law report or law digest permitted.
- Legal Topics
- Leave to Appeal, Extension of Time, Reporting Restrictions, Suppression Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Glen Paul Michie
Applicant
The Queen
Respondent
Procedural Posture
Application for Leave to Appeal (criminal) / Court of Appeal Decision on Extension of Time and Leave Application
Legal Issues
- 1 Whether to grant an extension of time to file the application for leave to appeal
- 2 Whether to grant leave to appeal
- 3 Whether to impose reporting restrictions until final disposition of trial
Ratio Decidendi
The Court granted an extension of time as a discretionary exercise but declined leave to appeal because the applicant failed to demonstrate sufficient grounds or prospects of success; a suppression order was made to prohibit publication until final disposition of the trial.
Court Disposition
Extension of time granted; Leave to appeal declined; Suppression order made prohibiting publication until final disposition of trial; Publication in law report or law digest permitted.
Orders
- Extension of time to file the application for leave is granted.
- Leave to appeal is declined.
Full Case Text
Judgment text and source record
1 paragraphs
MICHIE v R [2017] NZCA 370 [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 ZEALANDCA459/2017[2017] NZCA 370BETWEEN GLEN PAUL MICHIEApplicantAND THE QUEENRespondentHearing: 24 August 2017Court: Winkelmann, Asher and Clifford JJCounsel: M J English and G W Haydn for ApplicantS L McColgan for RespondentJudgment: 24 August 2017 at 2.30 pmJUDGMENT OF THE COURTA An extension of time to file the application for leave is granted.B Leave to appeal is declined.C 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:Public Defence Service, Waitakere for ApplicantCrown Law Office, Wellington for Respondent