B v Police

[2021] NZHC 2078

NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF ANY COMPLAINANT UNDER THE AGE OF 18 YEARS PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF APPELLANT IN ACCORDANCE WITH

[5] OF THIS JUDGMENT.

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2021-485-000057

[2021] NZHC 2078

BETWEEN

B

Appellant

AND

THE NEW ZEALAND POLICE

Respondent

Hearing:	10 August 2021
Counsel:	C Stanley for the Appellant J Garden for the Respondent
Judgment:	11 August 2021

JUDGMENT OF GWYN J

[1]                  The appellant, Mr B, faces one charge of supplying a Class B drug (ecstasy).1 He has entered a plea of not guilty and elected trial by jury.

[2]                  On 11 August 2021, I dismissed Mr B’s appeal from the District Court decision declining his application for continuation of name suppression (the decision).2

1      Misuse of Drugs Act 1975, s 6(1)(c) and 2(b); maximum penalty 14 years’ imprisonment.

2      B v Police [2021] NZHC 2073.

B v THE NEW ZEALAND POLICE [2021] NZHC 2078 [11 August 2021]

[3]                  Mr B is considering an application for leave to appeal the decision to the Court of Appeal, under s 289 of the Criminal Procedure Act 2011.

[4]                  Accordingly, he seeks the continuation of interim name suppression until the expiry of the time for filing of the application for leave to appeal (5.00 pm on          7 September 2021), or earlier if a decision is made not to appeal the judgment.

[5]                  I grant the application, pursuant to s 292 of the Criminal Procedure Act 2011. Interim name suppression will continue until 5.00 pm on 7 September 2021 (or earlier if Mr B elects not to appeal the decision and the Court advises accordingly).

Gwyn J

Solicitors:

Crown Solicitor, Wellington

Thomas Dewar Sziranyi Letts, Lower Hutt