H (SC 97/2018) v The Queen
[2019] NZSC 4
•21 February 2019
| NOTE: ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF APPLICANT PURSUANT TO S 200 OF THE CRIMINAL PROCEDURE ACT 2011. SEE |
| NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE |
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI |
| SC 97/2018 [2019] NZSC 4 |
| BETWEEN | H (SC 97/2018) |
| AND | THE QUEEN |
| Court: | William Young, O’Regan and Ellen France JJ |
Counsel: | A J Bailey for Applicant |
Judgment: | 21 February 2019 |
JUDGMENT OF THE COURT
AThe application for leave to appeal against the conviction for rape is granted (H (CA376/2017) v R [2018] NZCA 376).
BThe approved question is whether, in dealing with delay, the Court of Appeal correctly dealt with the age of the appellant (including the application of s 322 of the Oranga Tamariki Act 1989).
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REASONS
We direct the Registrar to set the appeal down for hearing on 4 April 2019 and to set a timetable for the filing of submissions so that the respondent’s submissions are received no later than 29 March 2019.
Solicitors:
Crown Law Office, Wellington for Respondent
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