WEALLEANS V R CA282/2015 [2015] NZCA 316
The Court granted leave to appeal but dismissed the appeal on its merits and issued a publication prohibition until the final disposition of the retrial to protect the fairness and integrity of the retrial while permitting publication in law reports or digests.
Source-derived case information.
- Citation
- [2015] NZCA 316
- Parties
- Appellant: Paul Stuart Wealleans; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 21 July 2015
- Procedural Posture
- Criminal Appeal to Court of Appeal / Leave to Appeal Granted; Appeal Dismissed; Retrial Pending
- Outcome
- Leave to appeal granted; appeal dismissed; publication prohibited until final disposition of retrial; publication in law reports or law digests permitted.
- Legal Topics
- Leave to Appeal, Retrial, Suppression Order, Publication Prohibition
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Stuart Wealleans
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal to Court of Appeal / Leave to Appeal Granted; Appeal Dismissed; Retrial Pending
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the substantive appeal should be allowed
- 3 Whether a publication prohibition should be imposed pending retrial
Ratio Decidendi
The Court granted leave to appeal but dismissed the appeal on its merits and issued a publication prohibition until the final disposition of the retrial to protect the fairness and integrity of the retrial while permitting publication in law reports or digests.
Court Disposition
Leave to appeal granted; appeal dismissed; publication prohibited until final disposition of retrial; publication in law reports or law digests permitted.
Orders
- Leave to appeal is granted.
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
WEALLEANS V R CA282/2015 [2015] NZCA 316 [21 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 RETRIAL. PUBLICATIONIN LAW REPORT OR LAW DIGEST PERMITTED.IN THE COURT OF APPEAL OF NEW ZEALANDCA282/2015[2015] NZCA 316BETWEEN PAUL STUART WEALLEANSAppellantAND THE QUEENRespondentHearing: 20 July 2015Court: Stevens, Heath and Collins JJCounsel: A J Bailey for AppellantM A Corlett for RespondentJudgment: 21 July 2015 at 3.30 pmJUDGMENT OF THE COURTA 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 retrial. Publication in law report or law digest permitted.____________________________________________________________________Reasons to follow.Solicitors:Crown Law Office, Wellington for Respondent