5 Dec 2023
The Court lacked jurisdiction to grant leave for a second appeal because the High Court's refusal of leave was final under s213(3) of the Criminal Procedure Act 2011 and, in any event, no first appeal had been determined as required by s303; accordingly the applications for extension of time and for leave to bring a second appeal were declined.
23 Aug 2023
The referral must be heard and determined under the Summary Proceedings Act 1957 because the appellant's proceedings commenced before 1 July 2013 and were not finally determined, so s397 of the Criminal Procedure Act 2011 requires continuation under pre-CPA law; 'first appeal' in the CCRC Act denotes a first appeal in time and does not import the CPA regime.
26 Jun 2023
Leave to appeal was refused because the Court is not satisfied the requisite hardship thresholds were met nor that a miscarriage of justice would result; the Court of Appeal correctly applied the statutory tests and would have exercised its discretion against suppression given the seriousness of offending and open justice, so interim suppression was extended only briefly to allow preparation and lapses at 2 pm on 28 June 2023.
13 Jul 2022
The Court exercised its discretion under s 8 CCCA to award each successful respondent (Mr S and Mr Singh) $7,500 as a contribution to costs because, although the appeals were not highly complex, they raised issues of public importance about the scope of awards under s 364 CPA and ss 5 and 13 CCCA warranting an above‑scale award; the appeals were properly defended and awards above the statutory scale were desirable in the circumstances.
2 Oct 2020
The Supreme Court lacks jurisdiction to grant leave because the Criminal Procedure Act 2011 makes High Court determinations of second appeals final (s 242), so the application for leave to appeal is dismissed.
16 Aug 2019
Sections 230(2) and 247(2) of the Criminal Procedure Act 2011, as amended by the Courts Matters Act 2018, operate only where a jury trial election has been formally withdrawn under s53; a guilty plea entered without formal withdrawal does not amount to a withdrawal for the purposes of those provisions, and therefore appeals in the present cases lie to the Court of Appeal.
18 Jul 2018
None of the statutory thresholds in s200(2) were established: publication was unlikely to identify victims given hospital size, multiple facilities and passage of time; medical evidence did not establish a likelihood the defendant would endanger himself if named; hardship to defendant and family did not reach the very high 'extreme hardship' threshold; accordingly the trial judge did not err in refusing permanent name suppression and properly exercised his discretion; publication of the hospital name was permitted.
24 Apr 2018
The Court granted the application for a non-party disclosure hearing, directed the Registrar to take the steps required by s26 of the Criminal Disclosure Act 2008 to enable that hearing, and made an order prohibiting publication of the applicant's name, address, occupation or identifying particulars pursuant to s200 of the Criminal Procedure Act 2011; the Court deferred determination of the precise method of document inspection until service and the s26 process are completed.
6 Dec 2017
The Deputy Registrar correctly refused to accept the notice for filing because the notice failed to provide sufficient information, impermissibly attempted to combine multiple unrelated matters on one form, sought to relitigate matters already finally determined or subject to existing appeals, and included convictions predating the CPA that require the Crimes Act form; accordingly the review is declined.
23 Nov 2017
The applicant is lawfully detained pursuant to an order remanding him in custody under s 168(4) Criminal Procedure Act 2011, therefore habeas corpus relief is not available and the application is dismissed.