ALAMOTI v R [2016] NZCA 392
The Court granted leave to appeal but, after hearing, dismissed the appeal on its merits and imposed a publication prohibition until final disposition of the trial to protect fair trial interests.
Source-derived case information.
- Citation
- [2016] NZCA 392
- Parties
- Appellant: Sione Makoni Alamoti; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 10 August 2016
- Procedural Posture
- Criminal Appeal / Leave to Appeal Application; Appeal Heard and Determined
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- Leave to Appeal, Appeal Dismissed, Reporting Ban, Fair Trial
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sione Makoni Alamoti
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Leave to Appeal Application; Appeal Heard and Determined
Legal Issues
- 1 Whether to grant leave to appeal
- 2 Whether the appeal should be allowed on its merits
- 3 Whether publication of the judgment should be permitted pending trial
Ratio Decidendi
The Court granted leave to appeal but, after hearing, dismissed the appeal on its merits and imposed a publication prohibition until final disposition of the trial to protect fair trial interests.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- Prohibition on publication of the judgment and any part of the proceedings (including 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
ALAMOTI v R [2016] NZCA 392 [10 August 2016]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 ZEALANDCA148/2016[2016] NZCA 392BETWEEN SIONE MAKONI ALAMOTIAppellantAND THE QUEENRespondentHearing: 21 June 2016Court: Cooper, Lang and Peters JJCounsel: G R Anson for AppellantA J Ewing for RespondentJudgment: 10 August 2016 at 12.30 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:Crown Law Office, Wellington for Respondent