MATENGA V R SC 50/2008
The Supreme Court granted leave to appeal and approved the ground of appeal that the central issue for determination is whether the Court of Appeal was entitled to apply the proviso to s 385(1) of the Crimes Act 1961.
Source-derived case information.
- Citation
- SC 50/2008
- Parties
- Appellant: Shane Huia Matenga; Respondent: The Queen
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 20 October 2008
- Procedural Posture
- Criminal Appeal / Supreme Court — Leave to Appeal Granted
- Outcome
- Leave to appeal granted
- Legal Topics
- Proviso to S 385(1) of the Crimes Act 1961, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Shane Huia Matenga
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Supreme Court — Leave to Appeal Granted
Legal Issues
- 1 Whether the Court of Appeal was entitled to apply the proviso to s 385(1) of the Crimes Act 1961
Ratio Decidendi
The Supreme Court granted leave to appeal and approved the ground of appeal that the central issue for determination is whether the Court of Appeal was entitled to apply the proviso to s 385(1) of the Crimes Act 1961.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal granted
- Approved ground of appeal: whether the Court of Appeal was entitled to apply the proviso to s 385(1) of the Crimes Act 1961
Full Case Text
Judgment text and source record
1 paragraphs
MATENGA V R SC 50/2008 20 October 2008IN THE SUPREME COURT OF NEW ZEALAND SC 50/2008 [NZSC] NZSC 83 SHANE HUIA MATENGAvTHE QUEENCourt: Blanchard, Tipping and McGrath JJ Counsel: W C Pyke for Appellant M D Downs for Crown Judgment: 20 October 2008JUDGMENT OF THE COURT A Leave to appeal is granted. B The approved ground of appeal is whether the Court of Appeal was entitled to apply the proviso to s 385(1) of the Crimes Act 1961.Solicitors: Crown Law Office, Wellington