21 Feb 2019
The leave application was dismissed because it was moot following guilty pleas and sentence, was without merit, and the applicant failed to comply with procedural directions thereby satisfying the criteria in s338 Criminal Procedure Act 2011 for dismissal after notice.
8 Nov 2016
Brewer J's pre-trial anonymity orders were supported by reasonable evidence, he considered the mandatory s110(5) factors including defendants' rights and appointed an amicus to mitigate prejudice; his evaluative discretionary judgment was not shown to be legally erroneous or plainly wrong, so leave to appeal was properly declined.
11 Jun 2014
The Court dismissed the Crown's application for formal approval but held that the Crown, where it has possession of exhibits, is ordinarily entitled to conduct destructive testing without prior court approval provided it notifies the defence and affords them reasonable opportunity to observe, participate and propose alternative testing; the Court will intervene chiefly where exhibits are in court custody, where s 19 disclosure rights have been denied, or where a defence proposal conflicts and cannot be accommodated and raises s 24(d) NZBORA issues.