R (CA21/2017) v P (CA21/2017) [2017] NZCA 14
The Court granted leave to appeal but determined the appeal lacked merit on its substance and dismissed it; the non-publication order remains in force until the final disposition of the trial, with publication in law reports or law digests permitted.
Source-derived case information.
- Citation
- [2017] NZCA 14
- Parties
- Appellant: R (CA21/2017); Respondent: P (CA21/2017)
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 20 February 2017
- Procedural Posture
- Appeal (court of Appeal) / Leave to Appeal Granted; Appeal Dismissed
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- Leave to Appeal, Non Publication Order, Fair Trial Vs Freedom of Expression
Source-derived case record
Summary, issues, holding and outcome
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Parties
R (CA21/2017)
Appellant
P (CA21/2017)
Respondent
Procedural Posture
Appeal (court of Appeal) / Leave to Appeal Granted; Appeal Dismissed
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether a non-publication order should remain in place until final disposition of the trial
- 3 Whether the appeal should succeed on the merits
Ratio Decidendi
The Court granted leave to appeal but determined the appeal lacked merit on its substance and dismissed it; the non-publication order remains in force until the final disposition of the trial, with publication in law reports or law digests permitted.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- Order prohibiting publication of the judgment and any part of the proceedings (except the result) in news media or on the internet or other publicly available database until final disposition of trial.
- Publication in law report or law digest permitted.
Full Case Text
Judgment text and source record
1 paragraphs
R (CA21/2017) v P (CA21/2017) [2017] NZCA 14 [20 February 2017]ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANYPART OF THE PROCEEDINGS (EXCEPT THE RESULT) IN NEWS MEDIAOR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE DATABASEUNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAWREPORT OR LAW DIGEST PERMITTED.IN THE COURT OF APPEAL OF NEW ZEALANDCA21/2017[2017] NZCA 14BETWEEN R (CA21/2017)AppellantAND P (CA21/2017)RespondentHearing: 16 February 2017Court: Miller, Mallon and Peters JJCounsel: W T Nabney for AppellantC T Tuck and B J Hall for RespondentJudgment: 20 February 2017 at 10.00 amJUDGMENT OF THE COURTA Leave to appeal is granted.B The appeal is dismissed.____________________________________________________________________[Reasons to follow]