REED v R CA581/2014 [2014] NZCA 521
The Court dismissed the application for leave to appeal and made a publication prohibition until final disposition of the trial to protect trial fairness and complainant identity under statutory and common law principles; publication in law reports or digests was permitted.
Source-derived case information.
- Citation
- [2014] NZCA 521
- Parties
- Applicant: Sydney James Reed; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 29 October 2014
- Procedural Posture
- Criminal Appeal (application for Leave to Appeal) / Application for Leave to Appeal Heard in Court of Appeal; Leave Dismissed
- Outcome
- Application for leave to appeal dismissed; interim order prohibiting publication of the judgment and any part of the proceedings in news media or on the internet or other publicly available database until final disposition of trial, with permission to publish in law report or law digest.
- Legal Topics
- Leave to Appeal, Suppression Order, Publication Ban, Victim Identification Protection, Trial Fairness
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sydney James Reed
Applicant
The Queen
Respondent
Procedural Posture
Criminal Appeal (application for Leave to Appeal) / Application for Leave to Appeal Heard in Court of Appeal; Leave Dismissed
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether a publication prohibition should be imposed until final disposition of trial
- 3 Whether complainant identifying particulars are protected under statute
Ratio Decidendi
The Court dismissed the application for leave to appeal and made a publication prohibition until final disposition of the trial to protect trial fairness and complainant identity under statutory and common law principles; publication in law reports or digests was permitted.
Court Disposition
Application for leave to appeal dismissed; interim order prohibiting publication of the judgment and any part of the proceedings in news media or on the internet or other publicly available database until final disposition of trial, with permission to publish in law report or law digest.
Orders
- Application for leave to appeal dismissed.
- Order prohibiting 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.
Full Case Text
Judgment text and source record
1 paragraphs
REED v R CA581/2014 [2014] NZCA 521 [29 October 2014]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.NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS ORIDENTIFYING PARTICULARS, OF COMPLAINANTS PROHIBITED BYS 203 OF THE CRIMINAL PROCEDURE ACT 2011.IN THE COURT OF APPEAL OF NEW ZEALANDCA581/2014[2014] NZCA 521BETWEEN SYDNEY JAMES REEDApplicantAND THE QUEENRespondentHearing: 28 October 2014Court: White, French and Miller JJCounsel: A S Greig for ApplicantD R La Hood for RespondentJudgment: 29 October 2014 at 3.00 pmJUDGMENT OF THE COURTA The application for leave to appeal is dismissed.B Order prohibiting 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.____________________________________________________________________[Reasons to follow]Solicitors:Luke Cunningham Clere, Wellington for Respondent