New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Section 144a crimes act 1961
  • 13 Aug 2014

    LM v R [2014] NZSC 110

    Citation
    [2014] NZSC 110
    Court
    Supreme Court

    Section 144A cannot be straightforwardly construed to impose party liability where the principal offender is not a New Zealander because the statutory wording does not clearly extend extraterritorial scope to non-New Zealand principals; however on the facts the appellant committed the substantive offence as a principal (took and directed the indecent photograph) and therefore the conviction is sustainable and the appeal is dismissed.

    • Party liability
    • Extraterritorial application of statute
    • Section 144a crimes act 1961
    • Indecency with a child (s132)
    • International obligations under crc and optional protocol