ORDER PROHIBITING PUBLICATION OF THE STREET ADDRESS OF THE APPELLANT'S HOME PURSUANT TO S 200 CRIMINAL PROCEDURE ACT 2011.
INTERIM ORDER CONTINUING TO SUPPRESS APPELLANT'S NAME UNTIL 4.00 PM ON 2 OCTOBER 2014 OR UNTIL FURTHER ORDER OF THE HIGH COURT OR THE COURT OF APPEAL.
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI- 2014-485-000076 [2014] NZHC 2379
BETWEEN KEITH IAN JEFFERIES
Appellant
AND
NEW ZEALAND POLICE First Respondent
FAIRFAX NEW ZEALAND LIMITED Second Respondent
Hearing: 30 September 2014 Counsel:
C J Tennet for Appellant
J M O'Sullivan for First Respondent
A M Stevens for Second RespondentJudgment:
30 September 2014
JUDGMENT OF COLLINS J [Name Suppression]
Introduction
[1] I am dismissing Mr Jefferies’ appeal from a decision of the District Court in
which Judge Cameron refused to grant orders suppressing Mr Jefferies name.1
[2] I am confirming Judge Cameron’s decision because in my assessment
Judge Cameron was correct in all material respects. Specifically, Judge Cameron
1 R v Jefferies DC Wellington CRI-2014-085-8995, 22 September 2014.
JEFFERIES v NEW ZEALAND POLICE [2014] NZHC 2379 [30 September 2014]
applied the correct principles, only took into account relevant matters, did not overlook any relevant matters and was plainly correct.2
[3] I am, however, making an order suppressing publication of the street address of Mr Jefferies’ home.
Background
[4] Mr Jefferies is a Wellington lawyer, who practises primarily as a criminal trial lawyer in partnership with Mr Raizis under the name “Jefferies & Raizis”. Their partnership was established in 1990.
[5] On 30 July 2014 Mr Jefferies was charged with four offences under the
Misuse of Drugs Act 1975:
(1) possession of a Class A controlled drug (LSD);3
(2) possession of a Class A controlled drug (methamphetamine);4
(3) possession of a Class B controlled drug (ecstasy);5 and
(4) possession of tools used for smoking methamphetamine.6
[6] Mr Jefferies was arrested following the termination of a police operation in which Mr Jefferies’ home, car and business premises were searched. During the search of those premises the police say they located, amongst other matters, the
following items:
2 B (CA860/10) v R [2011] NZCA 331 at [9]; Lawrence v R [2011] NZCA 272 at [11]; and Rowley v Commissioner of Inland Revenue [2011] NZCA 160, [2011] NZSC 6 at [5].
3 Misuse of Drugs Act 1975, s 7(1)(a) and (2)(a). Maximum penalty is six months’ imprisonment,
$1,000 fine.
4 Misuse of Drugs Act 1975, s 7(1)(a) and (2)(a). Maximum penalty is six months’ imprisonment,
$1,000 fine.
5 Misuse of Drugs Act 1975, s 7(1)(a) and (2)(b). Maximum penalty is three months’
imprisonment, $500 fine.
6 Misuse of Drugs Act 1975, s 13(1)(a) and (3). Maximum penalty is one year imprisonment,
$500 fine.
(1) In Mr Jefferies’ home in a bedroom:
a plastic snaplock bag containing rolled pieces of tinfoil with tabs of LSD;
a snaplock bag with 0.25 grams of methamphetamine;
an empty “joint bag”;
five ecstasy tablets; and
a methamphetamine pipe.
(2) In Mr Jefferies’ car:
a methamphetamine pipe.
(3) In…
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- Jeffries v Police [2014] NZHC 2379
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- [2014] NZHC 2379
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CaseChat Overview and Summary
The court found that Jeffries had not established extreme hardship, as the possibility of losing clients and suffering financial harm did not meet the high threshold required by the Act. Additionally, the court did not find that Jeffries' name suppression would prevent undue hardship for his law partner, Raizis, or that it was necessary to avoid prejudice to a fair trial, given that Jeffries would be tried by a judge. The court also noted that suppressing Jeffries' name would unfairly single out lawyers from other defendants. However, the court agreed to suppress the street address of Jeffries' home to avoid unnecessary intrusion into his private life.
Ultimately, the appeal was dismissed, and Jeffries' name suppression was denied, but his home address details were suppressed. The court also granted an interim order to continue suppressing Jeffries' name until 4:00 PM on October 2, 2014, to allow time for potential further appeal.
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Background
Background to the litigation
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