B v The Queen

[2016] NZHC 2485

ORDER PROHIBITING PUBLICATION OF THE NAME AND IDENTIFYING PARTICULARS (INCLUDING THE NAME OF THE CORPS TO WHICH THEY ARE OR HAVE BEEN ATTACHED) OF THE APPELLANT, AND THE WITNESSES IN THE COURT MARTIAL, PURSUANT TO S 145 OF THE ARMED FORCES DISCIPLINE ACT 1971

AND SS 200 AND 202 CRIMINAL PROCEDURE ACT 2011.

ORDER PROHIBITING PUBLICATION OF EVIDENCE AND SUBMISSIONS RELATING TO THE REASONS FOR THE SUPPRESSION ORDERS PURSUANT TO S 145 OF THE ARMED FORCES DISCIPLINE ACT 1971 AND S 205 CRIMINAL PROCEDURE ACT 2011.

IN THE COURT MARTIAL APPEAL COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2016-485-740 [2016] NZHC 2485

UNDER	the Court Martial Appeals Act 1953
IN THE MATTER OF	an appeal against sentence
BETWEEN	B Appellant
AND	THE QUEEN Respondent

Hearing:	17 October 2016
Court:	Mallon J Judge D McGregor Judge J Billington QC
Counsel:	Major S Taylor for the Appellant Captain R L Goguel and Captain G H Davies for the Crown
Judgment:	17 October 2016

JUDGMENT OF THE COURT

A        The appeal is allowed.

B v R [2016] NZHC 2485 [17 October 2016]

BThe sentence imposed in the Court Martial is quashed and replaced with a sentence of a reduction in rank, to the rank of lieutenant with three years seniority, and a severe reprimand.

COrder prohibiting publication of the name and identifying particulars (including  the  name  of  the  corps  to  which  they  are  or  have  been attached) of the appellant, and the witnesses in the Court Martial, pursuant to s 145 of the Armed Forces Discipline Act 1971 and ss 200 and 202 Criminal Procedure Act 2011.

DOrder prohibiting publication of evidence and submissions relating to the reasons for the suppression orders pursuant to s 145 of the Armed

Forces Discipline Act 1971 and s 205 Criminal Procedure Act 2011.

[Reasons to follow]