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

 

Gordon Campbell: On Bank Scandals (And Air Crashes)

Last month, the Australian Securities and Investment Commission (ASIC) filed proceedings against Westpac over activities that have some distinct echoes of the Libor scandal. More>>

Budget: Health Funding Must Keep Up With Need

NZNO: “The nursing team has been doing more with less for years. It’s getting to the point that we’re really worried about our colleagues, our patients, our jobs and the level of health care available for people in our country." More>>

ALSO:

Emissions Inventory: Time For The Government To Do The Right Thing

It’s time for the National Government to step up and do the right thing to reduce climate pollution as data shows New Zealand’s greenhouse gas emissions are higher than ever, the Green Party said today. More>>

ALSO:

Budget 2016: More Partnership Schools To Open

Seven new schools will join the eight Partnership Schools already open, along with further new schools opening in 2017. “The growth of this policy is a reflection of the high level of interest from educators and community leaders,” Mr Seymour says. More>>

ALSO:

No Correspondence With English: Did Brownlee Make Up Sale Of Navy Ships ‘On The Hoof?’

Having revealed that several Royal New Zealand Navy vessels have not left port in years, New Zealand First is now asking the Minister of Defence to prove he did not come up with the idea of selling HMNZS Taupo and Pukaki until the media asked him. More>>

Housing Plans: Labour- Abolish Auckland Urban Boundary
The Government should rule out any possibility of an urban growth boundary in Auckland Council’s Unitary Plan if it is serious about fixing the housing crisis. More>>
Greens - State House Solution
The Homes Not Cars policy allows Housing New Zealand to retain its dividend and, in addition, would refund its tax, to spend on the emergency building of around 450 new state houses. More>>

ALSO:

Houses And Taxes: Post-Cabinet, Pre-Budget Press Conference

The Prime Minister said that the pre-budget announcements showed that his Government is “investing in a growing economy”. He re-affirmed the National Government’s commitment to lowering personal tax rates but that any such change must fit with the fiscal reality of the time. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news