New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Risk of self-harm

  • 26 May 2022

    TIMMERMAN v R [2022] NZCA 210

    Citation
    [2022] NZCA 210
    Court
    Court of Appeal

    The Court upheld the Judge's assessment that, after weighing Dr Dean's opinion against other material (prior psychiatric reports, appellant's response to medication, the fact his suicide attempts occurred when he faced far more serious charges, and that he received a non-custodial sentence with supervisory support), publication did not present a real and appreciable risk of extreme hardship; therefore the statutory threshold under s 200(2)(a) was not met and permanent name suppression was rightly refused.

  • 9 Mar 2022

    WEDGEWOOD v R [2022] NZCA 42

    Citation
    [2022] NZCA 42
    Court
    Court of Appeal

    The Court dismissed the appeal because the applicant failed to meet the high statutory threshold for suppression: expert reports and affidavits did not establish 'extreme hardship' or a sufficient causal link between publication and assaults or suicide risk, and the public interest in open justice outweighed the applicant's interests; the High Court decision was a first-instance determination under its inherent jurisdiction and no guardian ad litem was available in criminal proceedings.