IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2013-404-000319 [2013] NZHC 3416
BETWEEN MICHAEL BYRNE Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 6 December 2013
Appearances: R M Mansfield for Appellant
W P Cathcart for Respondent
Judgment: 17 December 2013
JUDGMENT OF COURTNEY J
This judgment was delivered by Justice Courtney on 17 December 2013 at 12.00 noon
pursuant to R 11.5 of the High Court Rules
Registrar / Deputy Registrar
Date………………………..
BYRNE v NZ POLICE [2013] NZHC 3416 [17 December 2013]
Background
[1] The appellant, Michael Byrne, stood trial in the District Court at Auckland on six counts of selling cocaine. At the end of the Crown case, Judge Moses made a finding under s 9 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (CPMIPA) that, on the balance of probabilities, Mr Byrne had been involved in the offending.1 The Judge later held that Mr Byrne was not fit to stand trial on account
of his medical and psychiatric conditions, including dementia.2 He discharged
Mr Byrne under s 25(1)(d) of the CPMIPA and stayed the proceedings against him.
[2] Prior to becoming ill Mr Byrne ran a gymnasium in Auckland. It is now run by his wife, though Mr Byrne still works in it part-time. Three of Mr Byrne’s friends have put money into the business. Mr Byrne applied for permanent name suppression in order to protect his family’s source of income and his friends’
investments. Judge Moses refused the application3. Mr Byrne appeals the decision.
[3] The appeal is brought pursuant to s 115C Summary Proceedings Act 1957. Collins J recently summarised the approach to name suppression appeals in JR v Police and I gratefully adopt his summary:4
[7] Name suppression appeals are conducted by way of rehearing.5 In Austin, Nichols & Co Inc v Stichting Lodestar6 the Supreme Court held that when the High Court conducts an appeal from a decision of a lower court by way of rehearing the High Court must reach its own views on the merits of the case and reach its own independent assessment of the merits of the appellant’s position in order to truly conduct an appeal by way of rehearing. However, in May v May7 the Court of Appeal held that in relation to appeals for name suppression an appeal should only be allowed if the District Court Judge made an error of principle, failed to consider all relevant matters, took into account irrelevant matters, or came to a conclusion that was plainly wrong. The approach taken by the Court of Appeal in May v May was endorsed by the Supreme Court in Rowley v Commissioner of Inland
1 R v Byrne (Ruling 7) DC Auckland CRI-2010-092-15204, 8 October 2013.
2R v Byrne (Ruling 8) DC Auckland CRI-2010-092-15204, 8 October 2013 and R v Byrne DC Auckland CRI-2010-092-15204, 25 October 2013.
3 R v Byrne DC Auckland CRI-2010-092-15204, 25 October 2013. The decision to refuse name suppression was made under the Criminal Justice Act 1985. The…
Keep reading for free
Create a free CaseChat account to read Byrne v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2013] NZHC 3416
- Decision Date
CaseChat Overview and Summary
The appeal was based on three grounds: the Judge gave too much weight to the finding of involvement in the offending, the Judge considered the effect of non-publication on other gyms without evidential foundation, and the Judge did not give sufficient weight to the effect of publication on Mr Byrne’s health, family, and the business. The Court found no merit in the first two grounds, as the Judge was not in error in his approach or conclusion based on the material before him. The third ground also failed, as the likely consequences of publication were not out of the ordinary to justify displacing the public interest in knowing about the case.
The appeal was dismissed, and the decision of the District Court was upheld. The Court found that the Judge had considered the relevant factors in an orthodox manner, and the new information provided did not justify a different outcome. The Court emphasized the importance of the principle of open justice and the need to balance the interests of the appellant with the public interest in knowing about criminal proceedings.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.