Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Jones v R, Lee v R

[Judgment: SC_1282013_Jones_v_R__SC_272014_Lee_v_R.pdf]


Supreme Court of New Zealand


4 July 2014

MEDIA RELEASE – FOR IMMEDIATE PUBLICATION


TERRY JONES v R
(SC 128/2034)

MARK LEE v R
(SC 27/2014)

[2014] NZSC 85


PRESS SUMMARY

This summary is provided to assist in the understanding of the Court’s judgment. It does not comprise part of the reasons for that judgment. The full judgment with reasons is the only authoritative document. The full text of the judgment and reasons can be found at Judicial Decisions of Public Interest www.courtsofnz.govt.nz


Mr Jones and Mr Lee faced criminal charges arising out of a police investigation into the Red Devils Motorcycle Club in Nelson. In order to strengthen the credibility of an undercover police officer, a fake search warrant was prepared and executed, and the undercover officer was arrested and appeared in court on fake criminal charges. Once these events became known, those facing prosecution as a result of the investigation applied to the High Court for a stay of all charges on the ground of abuse of the courts’ process.

The High Court judge granted a stay of prosecution. On the application of the prosecutor, the Judge referred a question for the opinion of the Court of Appeal under s 381A of the Crimes Act 1961. The Court of Appeal allowed the appeal and lifted the stay.

Mr Jones and Mr Lee applied for leave to appeal to the Supreme Court. The preliminary question to be determined by the Court was whether it had jurisdiction to hear an appeal.

The Court has unanimously decided that there is no right of appeal to the Supreme Court against a decision of the Court of Appeal on a question referred under s 381A.

The Supreme Court’s appellate jurisdiction is statutory. Section 10 of the Supreme Court Act 2003 provides that the Court has jurisdiction to hear and determine appeals authorised by certain legislation such as Part 13 of the Crimes Act, which includes s 381A. Section 381A does not expressly give either the prosecutor or an accused a right of appeal to this Court. The legislative history of Part 13 of the Crimes Act shows that rights of appeal to this Court have been specifically provided for where they are to exist. It would be incompatible with this context to either give s 10 general effect or to assume that, despite the absence of express language, it was intended that there would be a right of appeal to this Court under s 381A.

The applications for leave to appeal have been dismissed.


[Judgment: SC_1282013_Jones_v_R__SC_272014_Lee_v_R.pdf]

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Also, Loan Interest: Productivity Commission On Tertiary Education

Key recommendations include better quality control; making it easier for students to transfer between courses; abolishing University Entrance; enabling tertiary institutions to own and control their assets; making it easier for new providers to enter the system; and facilitating more and faster innovation by tertiary education providers... More>>

ALSO:

Higher Payments: Wellington Regional Council Becomes A Living Wage Employer

Councillor Sue Kedgley said she was delighted that the Wellington Regional Council unanimously adopted her motion to become a Living Wage employer, making it the first regional council in New Zealand to do so. More>>

ALSO:

Scoop Images:
Dame Patsy Reddy Sworn In As Governor-General

This morning Dame Patsy Reddy was sworn in as the New Zealand Realm’s 21st Governor-General. The ceremony began with a pōwhiri to welcome Dame Patsy and her husband Sir David Gascoigne to Parliament. More>>

ALSO:

Ruataniwha: DOC, Hawke's Bay Council Developer Take Supreme Court Appeal

The Department of Conservation and Hawke's Bay Regional Investment Company (HBRIC) are appealing to the Supreme Court over a conservation land swap which the Court of Appeal halted. More>>

ALSO:

With NZ's Marama Davidson: Women’s Flotilla Leaves Sicily – Heading For Gaza

Women representing 13 countries spanning five continents began their journey yesterday on Zaytouna-Oliva to the shores of Gaza, which has been under blockade since 2007. On board are a Nobel Peace Laureate, three parliamentarians, a decorated US diplomat, journalists, an Olympic athlete, and a physician. A list of the women with their background can be found here. More>>

Gordon Campbell: On The Key Style Of Crisis Management

At Monday’s post Cabinet press conference Key was in his finest wide- eyed “Problem? What problem?” mode. No, there wasn’t really a problem that top MPI officials had been at odds with each other over the meaning of the fisheries policy and how that policy should be pursued... More>>

ALSO:

Mt Roskill: Greens Will Not Stand In Likely Post-Goff By-Election

“The Green Party’s priority is changing the Government in 2017, and as part of that we’ve decided that we won’t stand a candidate in the probable Mt Roskill by-election... This decision shows the Memorandum of Understanding between Labour and the Green Party is working." More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news