WINDERS v R [2016] NZCA 333
The Court granted leave to appeal but, after consideration, dismissed the substantive appeal; concurrently the Court imposed a temporary publication prohibition to protect the integrity of an associated trial, while allowing publication in law reports or lawdigests.
Source-derived case information.
- Citation
- [2016] NZCA 333
- Parties
- Appellant: Quinton Paul Winders; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 15 July 2016
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Determination
- Outcome
- Application for leave to appeal granted; appeal dismissed; publication prohibition imposed until final disposition of trial with law report publication permitted.
- Legal Topics
- Leave to Appeal, Publication Prohibition, Trial Publicity
Source-derived case record
Summary, issues, holding and outcome
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Parties
Quinton Paul Winders
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Determination
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the appeal succeeds on its merits
- 3 Whether a publication prohibition was necessary until final disposition of trial
Ratio Decidendi
The Court granted leave to appeal but, after consideration, dismissed the substantive appeal; concurrently the Court imposed a temporary publication prohibition to protect the integrity of an associated trial, while allowing publication in law reports or lawdigests.
Court Disposition
Application for leave to appeal granted; appeal dismissed; publication prohibition imposed until final disposition of trial with law report publication permitted.
Orders
- The application for leave to appeal is granted.
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
WINDERS v R [2016] NZCA 333 [15 July 2016]ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANYPART OF THE PROCEEDINGS IN NEWS MEDIA OR ON THE INTERNETOR OTHER PUBLICLY AVAILABLE DATABASE UNTIL FINALDISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAWDIGEST PERMITTED.IN THE COURT OF APPEAL OF NEW ZEALANDCA292/2016[2016] NZCA 333BETWEEN QUINTON PAUL WINDERSAppellantAND THE QUEENRespondentHearing: 12 July 2016Court: French, Collins and Fogarty JJCounsel: J P Temm and C B Wilkinson-Smith for AppellantM D Downs and C H Macklin for RespondentJudgment: 15 July 2016 at 2.00 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 in news media or on the internet or other publicly availabledatabase until final disposition of trial. Publication in law report or lawdigest permitted.____________________________________________________________________[Reasons to follow]Solicitors:Crown Law Office, Wellington for Respondent