20 Nov 2020
Leave to appeal was dismissed because, despite shortcomings in the trial judge's directions, the Court of Appeal correctly concluded there was no reasonable possibility a properly‑directed jury would have acquitted on the evidence; accordingly no matter of general or public importance arose and there was no real risk of miscarriage of justice.
17 Jul 2020
The Court of Appeal dismissed the conviction appeal and allowed the sentence appeal: the trial judge's question trail and directions on the elements of rape and reasonable belief were orthodox and, on the evidence (notably the appellant's own admissions that the complainant said no repeatedly and he continued penetration), any omission to give an additional Kaitamaki‑style or further tailored direction did not create a real risk of miscarriage; however the sentence was manifestly excessive for the culpability established and was quashed and substituted with 18 months' imprisonment.
4 Nov 2014
The Court of Appeal held the MAC had jurisdiction to decide the appeal; by mid‑August 2009 the MLC had before it clear terms of the distribution arrangement and consents from the majority of affected parties and accordingly should have decided the matter on that basis rather than admitting unsolicited further memoranda and treating later withdrawals as decisive; because the Board and Parish had already implemented the arrangement (possession, assets and payments) and unwinding would be unjust, the MAC was correct to annul the MLC decision of 29 March 2012 and to order vesting and variation co…