22 Nov 2023
R v Y [2023] NZHC 3332
- Citation
- [2023] NZHC 3332
- Court
- High Court
Continued name suppression for the defendant (Y) pending his conviction appeal was denied because the court was not satisfied there remained a real and appreciable risk to a fair retrial that could not be adequately mitigated given the delay until any retrial and available measures (strong jury directions, potential juror screening); however, the trustees (R and F) satisfied the threshold of undue hardship and, on balance, permanent non-publication orders were justified. A targeted content/non-publication regime protecting trustees and beneficiaries (including S) is workable and sufficient to…