BARR V NEW ZEALAND POLICE SC 34/2009
Supreme Court granted leave to appeal on the single approved ground concerning the scope of s 4 of the Costs in Criminal Cases Act 1967; the court did not determine the substantive question at this stage.
Source-derived case information.
- Citation
- BARR V NEW ZEALAND POLICE SC 34/2009
- Parties
- Appellant: Leroy John Barr; Respondent: New Zealand Police
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 June 2009
- Procedural Posture
- Criminal Driving With Excess Blood Alcohol / Leave to Appeal Granted by Supreme Court
- Outcome
- Leave to appeal granted
- Legal Topics
- Costs Orders for Medical Expenses, Interpretation of S 4 Costs in Criminal Cases Act 1967, Recovery of Blood‑sample Medical Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leroy John Barr
Appellant
New Zealand Police
Respondent
Procedural Posture
Criminal Driving With Excess Blood Alcohol / Leave to Appeal Granted by Supreme Court
Legal Issues
- 1 Whether s 4 of the Costs in Criminal Cases Act 1967 authorises a court to order a person convicted of driving with excess blood alcohol to pay the medical costs of obtaining the blood sample for analysis
Ratio Decidendi
Supreme Court granted leave to appeal on the single approved ground concerning the scope of s 4 of the Costs in Criminal Cases Act 1967; the court did not determine the substantive question at this stage.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal granted
- Approved ground of appeal: whether s 4 of the Costs in Criminal Cases Act 1967 authorises a court to order a person convicted of driving with excess blood alcohol to pay the medical costs incurred in obtaining the sample of blood for analysis
Full Case Text
Judgment text and source record
1 paragraphs
BARR V NEW ZEALAND POLICE SC 34/2009 16 June 2009IN THE SUPREME COURT OF NEW ZEALAND SC 34/2009 [2009] NZSC 62 LEROY JOHN BARRvNEW ZEALAND POLICECourt: Elias CJ, Blanchard and Wilson JJ Counsel: A Bailey for Appellant A M Powell for Crown Judgment: 16 June 2009JUDGMENT OF THE COURT A Leave to appeal is granted. B The approved ground is whether s 4 of the Costs in Criminal Cases Act 1967 authorises a Court to order a person convicted of driving with excess blood alcohol to pay the medical costs incurred in obtaining the sample of blood for analysis.Solicitors: Crown Law Office, Wellington