New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Section 200(2)(f) criminal procedure act 2011
  • 7 Dec 2023

    CONNOR SEAN CLAYTON NEVIN v R [2023] NZSC 160

    Citation
    [2023] NZSC 160
    Court
    Supreme Court

    The Supreme Court allowed an extension of time but refused leave to appeal because the High Court correctly applied settled law: s 200(2)(f) does not automatically mandate suppression nor was it misread to require extreme hardship in this case, s 202(4) does not create a presumption for suppression of a defendant, and the High Court reasonably exercised its discretion on the facts where risks to the school were limited and mitigable and the public interest and victim's views outweighed suppression.

    • Name suppression
    • Open justice
    • Section 200(2)(f) criminal procedure act 2011
    • Section 202(4) criminal procedure act 2011
    • Extension of time
    • Leave to appeal