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

 

PARLIAMENT TODAY:

Labour: New Figures Show Speculators Rampant

New figures released by the Reserve Bank show there’s been an explosion in mortgage lending with most of the growth going to property investors, Labour’s Housing spokesperson Phil Twyford says. More>>

ALSO:

False Official Information Response: English's Apology Accepted

Finance Minister Bill English is being thanked for his apology to New Zealand First Leader and Member of Parliament for Northland Rt Hon Winston Peters... Mr English says his staff and the Treasury have searched again, and they found the document that they denied having. More>>

ALSO:

Midwives On Pay Equity: Historic Bill Of Rights Case For High Court

“We have been left with no choice.” That from Karen Guilliland, the Chief Executive of the New Zealand College of Midwives, as the organisation prepares to file a pay parity discrimination case on the basis of gender under the NZ Bill of Rights Act in the High Court. More>>

ALSO:

Gordon Campbell: On The Children’s Commission Report On CYF

Accusing the overworked and underfunded staff at Child, Youth and Family of a “dump and run culture of neglect” is the kind of luxury that a Children’s Commissioner can afford to indulge in from his own comfy perch in the bureaucracy. More>>

ALSO:

Mt Eden Prison: Serco Inquiry Extended

A two month delay to the Government investigation into prison fight clubs shows the extent of problems within the Serco circus, says Labour’s Corrections spokesperson Kelvin Davis. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news