3 May 2019
EUGENE JOHN DE MARCO v R [2019] NZSC 43
- Citation
- [2019] NZSC 43
- Court
- Supreme Court
Leave to appeal was refused because the applicant failed to satisfy the s74 leave criteria and did not demonstrate the exceptional circumstances required by s75 for a direct appeal; the High Court's evaluative finding under s200 that publication would not create a real risk of prejudice was unimpeached and contained no error; notwithstanding the refusal of leave the Supreme Court imposed an interim publication prohibition until final disposition of the trial to protect fair trial rights.