HENDERSON v R [2016] NZCA 394
Leave to appeal was granted because arguable issues existed, but on full consideration the appeal lacked merit and was dismissed; publication prohibition ordered to protect the fairness of ongoing proceedings.
Source-derived case information.
- Citation
- [2016] NZCA 394
- Parties
- Appellant: JOHN PERRY MORGAN HENDERSON; Respondent: THE QUEEN
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 10 August 2016
- Procedural Posture
- Criminal Appeal / Leave Application and Substantive Appeal Determined
- Outcome
- Leave to appeal granted; appeal dismissed; publication prohibition ordered
- Legal Topics
- Leave to Appeal, Appeal Dismissal, Publication Prohibition, Reporting Restrictions
Source-derived case record
Summary, issues, holding and outcome
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Parties
JOHN PERRY MORGAN HENDERSON
Appellant
THE QUEEN
Respondent
Procedural Posture
Criminal Appeal / Leave Application and Substantive Appeal Determined
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the grounds of appeal succeed on the merits
- 3 Whether a publication prohibition should be imposed or continued to protect trial fairness
Ratio Decidendi
Leave to appeal was granted because arguable issues existed, but on full consideration the appeal lacked merit and was dismissed; publication prohibition ordered to protect the fairness of ongoing proceedings.
Court Disposition
Leave to appeal granted; appeal dismissed; publication prohibition ordered
Orders
- Application for leave to appeal is granted.
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
HENDERSON v R [2016] NZCA 394 [10 August 2016]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 ZEALANDCA364/2016[2016] NZCA 394BETWEEN JOHN PERRY MORGAN HENDERSONAppellantAND THE QUEENRespondentHearing: 10 August 2016Court: Winkelmann, Williams and Collins JJCounsel: J M Miller and H G de Groot for AppellantM A Corlett for RespondentJudgment: 10 August 2016 at 4 pmJUDGMENT OF THE COURTA The application for leave to appeal is granted.B The appeal is dismissed.____________________________________________________________________[Reasons to follow.]Solicitors:John Miller Law, Wellington for AppellantCrown Law Office, Wellington for Respondent