MCGARRETT v R [2017] NZCA 30
The Court granted leave because the matters were arguable but, on full consideration, dismissed the appeal for lack of merit; a publication prohibition was necessary until final disposition of the related trial to protect trial fairness.
Source-derived case information.
- Citation
- [2017] NZCA 30
- Parties
- Appellant: Phillip Wayne McGarrett; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 28 February 2017
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal and Substantive Appeal (leave Granted; Appeal Heard on Merits)
- Outcome
- Leave to appeal granted; appeal dismissed; publication prohibited until final disposition of trial; publication in Law Report or Law Digest permitted.
- Legal Topics
- Leave to Appeal, Appeal Dismissed, Publication Prohibition, Reporting Restrictions for Fair Trial
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phillip Wayne McGarrett
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal (leave Granted; Appeal Heard on Merits)
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the substantive appeal should succeed
- 3 Whether a publication prohibition should be imposed until final disposition of trial
Ratio Decidendi
The Court granted leave because the matters were arguable but, on full consideration, dismissed the appeal for lack of merit; a publication prohibition was necessary until final disposition of the related trial to protect trial fairness.
Court Disposition
Leave to appeal granted; appeal dismissed; publication prohibited until final disposition of trial; publication in Law Report or Law Digest permitted.
Orders
- Leave to appeal is granted.
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
MCGARRETT v R [2017] NZCA 30 [28 February 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 ZEALANDCA490/2016[2017] NZCA 30BETWEEN PHILLIP WAYNE MCGARRETTAppellantAND THE QUEENRespondentHearing: 23 February 2017Court: French, Mallon and Duffy JJCounsel: A M Simperingham and M A Terekia for AppellantM H Cooke for RespondentJudgment: 28 February 2017 at 2.30 pmJUDGMENT OF THE COURTA The application for leave to appeal is granted.B The appeal is dismissed.C Order prohibiting publication of the judgment and any part of theproceedings (including the result) in news media or on the internet orother publicly available database until final disposition of trial.Publication in Law Report or Law Digest permitted.____________________________________________________________________[Reasons to follow]Solicitors:Woodward Chrisp, Gisborne for AppellantCrown Law Office, Wellington for Respondent