MORTON v R CA 266/2015 [2015] NZCA 232
The Court granted leave to appeal but, after hearing, dismissed the appeal on its merits and imposed a reporting prohibition order prohibiting publication of the judgment and any part of the proceedings in news media or publicly available online databases until final disposition of the related trial, while...
Source-derived case information.
- Citation
- [2015] NZCA 232
- Parties
- Appellant: Richard James Cameron Morton; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 10 June 2015
- Procedural Posture
- Criminal Appeal / Leave to Appeal Application and Substantive Appeal Heard in Court of Appeal
- Outcome
- Leave to appeal granted; appeal dismissed; reporting prohibition order imposed until final disposition of trial with law report/digest exceptions.
- Legal Topics
- Leave to Appeal, Publication Prohibition, Appeal Dismissal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard James Cameron Morton
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Leave to Appeal Application and Substantive Appeal Heard in Court of Appeal
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether the substantive appeal succeeds
- 3 Whether a publication prohibition order should be made and its scope
Ratio Decidendi
The Court granted leave to appeal but, after hearing, dismissed the appeal on its merits and imposed a reporting prohibition order prohibiting publication of the judgment and any part of the proceedings in news media or publicly available online databases until final disposition of the related trial, while permitting publication in law reports or law digests.
Court Disposition
Leave to appeal granted; appeal dismissed; reporting prohibition order imposed until final disposition of trial with law report/digest exceptions.
Orders
- Leave to appeal granted.
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
MORTON v R CA 266/2015 [2015] NZCA 232 [10 June 2015]NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION ORIDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BYS 139 OF THE CRIMINAL JUSTICE ACT 1985.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 ZEALANDCA266/2015[2015] NZCA 232BETWEEN RICHARD JAMES CAMERONMORTONAppellantAND THE QUEENRespondentHearing: 9 June 2015Court: White, Venning and Williams JJCounsel: A M Simperingham and M Prinsloo for AppellantH A Wrigley for RespondentJudgment: 10 June 2015 at 11.30 amJUDGMENT 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 or otherpublicly available database until final disposition of trial. Publication in lawreport or law digest permitted.____________________________________________________________________[Reasons to follow]Solicitors:Woodward Chrisp, Gisborne for AppellantCrown Law Office, Wellington for Respondent