NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE 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 DISTRICT COURT ORDER PROHIBITING PUBLICATION OF THE NAME OF THE SCHOOL PURSUANT TO S 202 OF THE CRIMINAL PROCEDURE ACT 2011 REMAINS IN FORCE. SEE DISTRICT COURT ORDER PROHIBITING PUBLICATION OF THE OCCUPATION AND SPORT OF THE APPLICANT PURSUANT TO S 200 OF THE CRIMINAL PROCEDURE ACT 2011 REMAINS IN FORCE. SEE DISTRICT COURT ORDER PROHIBITING PUBLICATION OF EVIDENCE AND SUBMISSIONS CONTAINED IN DISTRICT COURT AND HIGH COURT DECISIONS PURSUANT TO S 205 OF THE CRIMINAL PROCEDURE ACT 2011 REMAINS IN FORCE. SEE cellpadding="0" cellspacing="0"> IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI O AOTEAROA CONNOR SEAN CLAYTON NEVIN AND THE KING Glazebrook and Kós JJ Counsel: I M Brookie and R A van Boheemen for Applicant Judgment: 7 December 2023 SC 79/2023
[2023] NZSC 160
BETWEEN
Applicant
Respondent
Court:
H G Clark for Respondent
JUDGMENT OF THE COURT
A The application for an extension of time to apply for leave to appeal is allowed.
B The application for leave to appeal is dismissed.
C The interim suppression order dated 21 July 2023 is lifted.
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REASONS
Background
The applicant, Mr Nevin, was convicted after a jury trial of sexual offending against a teenager. He was sentenced in the District Court to six years and six months' imprisonment.[1] A conviction and sentence appeal to the Court of Appeal was dismissed.[2]
[1]R v Nevin [2022] NZDC 23920 (Judge Northwood).
[2]N (CA28/2023) v R [2023] NZCA 378 (Collins, Lang and Woolford JJ).
This judgment deals with the applicant’s application to bring a second appeal against Palmer J’s refusal in the High Court[3] to overturn the District Court’s dismissal of his application for permanent name suppression.[4] He initially sought leave to appeal in the Court of Appeal but abandoned that application in favour of a “leapfrog” application to this Court on discovering that leave to this Court had been granted in relation to LF (CA596/2022) v R.[5]
[3]Nevin v R [2022] NZHC 3585 (Palmer J) [HC judgment].
[4]R v Nevin [2022] NZDC 23942 (Judge Northwood) [DC suppression decision].
[5]LF (CA596/2022) v R [2022] NZCA 656. This Court granted leave to appeal: E (SC 13/2012) v R [2023] NZSC 61. The appeal has been heard but the judgment has not yet been issued.
The applicant’s application for leave to appeal against the Court of Appeal judgment relating to his conviction and sentence is dealt with in a judgment released at the same time as this judgment.[6]
The legislation
The proposed name suppression appeal raises a question about the relationship between s 200(2)(a) and (f) of the Criminal Procedure Act 2011. Section 200(1) provides that…
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- AGLC
- Nevin v The King [2023] NZSC 160
- Case
- [2023] NZSC 160
- Decision Date
CaseChat Overview and Summary
The Supreme Court found that the High Court had correctly interpreted and applied the relevant sections of the Act. It noted that the High Court had properly balanced the factors in favour of and against suppression, taking into account the principles of open justice, the public interest in knowing the offender's identity, and the views of the victim. The Court also found that the High Court had not erred in its reference to section 202(4) of the Act, which provides that suppressing the identity of a connected person does not prevent publication of the defendant's identity. The Supreme Court concluded that the High Court's decision was just a matter of applying settled law to the facts of the applicant's case and that there was no risk of a miscarriage of justice. Therefore, the application for leave to appeal was dismissed, and the interim suppression order was lifted.
The final orders of the Court were that the application for an extension of time to apply for leave to appeal was allowed, the application for leave to appeal was dismissed, and the interim suppression order dated 21 July 2023 was lifted.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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