JUSTIN RICHARD BURKE v R [2022] NZSC 124
Leave to appeal was granted so that the Supreme Court can determine whether the Court of Appeal correctly interpreted and applied s 66(2) of the Crimes Act 1961.
Source-derived case information.
- Citation
- [2022] NZSC 124
- Parties
- Applicant: Justin Richard Burke; Respondent: The King
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 21 October 2022
- Procedural Posture
- Criminal Appeal (supreme Court) / Leave to Appeal Granted
- Outcome
- Leave to appeal granted
- Legal Topics
- S 66(2) Crimes Act 1961 Interpretation, Leave to Appeal, Suppression Orders (s 205 Criminal Procedure Act 2011), Intervention Applications
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justin Richard Burke
Applicant
The King
Respondent
Procedural Posture
Criminal Appeal (supreme Court) / Leave to Appeal Granted
Legal Issues
- 1 Whether the Court of Appeal correctly interpreted and applied s 66(2) of the Crimes Act 1961
- 2 Procedural issues relating to leave to appeal and potential third‑party interventions
Ratio Decidendi
Leave to appeal was granted so that the Supreme Court can determine whether the Court of Appeal correctly interpreted and applied s 66(2) of the Crimes Act 1961.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal granted
- Registrar to liaise with counsel to set a fixture date convenient to senior counsel
Full Case Text
Judgment text and source record
1 paragraphs
JUSTIN RICHARD BURKE v R [2022] NZSC 124 [21 October 2022]NOTE: HIGH COURT SUPPRESSION ORDERS EXIST IN RELATION TOASPECTS OF [2021] NZHC 136 PURSUANT TO S 205 OF THE CRIMINALPROCEDURE ACT 2011: SEE PARAGRAPH [61]. SEEhttp://www.legislation.govt.nz/act/public/2011/0081/latest/DLM3360354.htmlIN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUI O AOTEAROASC 75/2022[2022] NZSC 124BETWEEN JUSTIN RICHARD BURKEApplicantAND THE KINGRespondentCourt: Glazebrook, Williams and Kós JJCounsel: J R Rapley KC, S M Grieve and S J Bird for ApplicantF R J Sinclair for RespondentJudgment: 21 October 2022JUDGMENT OF THE COURTA Leave to appeal is granted (Burke v R [2022] NZCA 279).B The approved question is whether the Court of Appealcorrectly interpreted and applied s 66(2) of the Crimes Act1961.____________________________________________________________________REASONS[1] The Registrar is requested to liaise with counsel with a view to setting a fixturedate convenient to senior counsel.[2] Given the nature of the issues raised by the appeal, it may be that theCriminal Bar Association of New Zealand and/or the Defence Lawyers AssociationNew Zealand | Te Matakahi may wish to seek leave to intervene to present submissionsat the hearing or file written submissions. The Registrar is asked to provide copies ofthis judgment to both bodies. It would assist the Court if any applications in this regardwere filed promptly.Solicitors:Crown Law Office, Wellington for Respondent