Philip v The the Queen

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

SC 32/2022
[2022] NZSC 88

BETWEEN	JASON BRENDON PHILIP Applicant
AND	THE QUEEN Respondent

Court:	Winkelmann CJ, Glazebrook and Ellen France JJ
Counsel:	P V C Paino for Applicant J A Eng for Respondent
Judgment:	20 July 2022

JUDGMENT OF THE COURT

AThe application for leave to appeal (McMillan v R [2022] NZCA 128) is granted.

BThe approved question is whether the Court of Appeal was correct to allow the appeal by the Solicitor-General against the sentence imposed on Mr Philip in the High Court (R v Philip [2021] NZHC 2393).

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REASONS

Leave to appeal has been granted on a general basis. We should however indicate that counsel should focus on the approach taken by the Court of Appeal in this case to the guideline judgment of Zhang v R.[1] We add that we do not want to hear from counsel on the approach of the Court of Appeal to the process followed by the High Court in departing from the sentence indication.
[1]Zhang v R [2019] NZCA 507, [2019] 3 NZLR 648.
The Registrar is to set the appeal down for hearing as soon as possible.

Solicitors:
Paino & Robinson, Upper Hutt for Applicant
Crown Law Office, Wellington for Respondent

CaseChat Overview and Summary

In the Supreme Court of New Zealand, Jason Brendon Philip applied for leave to appeal against a decision of the Court of Appeal which allowed an appeal by the Solicitor-General against the sentence imposed on him by the High Court. The Court of Appeal had allowed an appeal by the Solicitor-General against the sentence imposed on Mr Philip by the High Court in R v Philip [2021] NZHC 2393. The Supreme Court granted leave to appeal and specified the question to be addressed on appeal, which was whether the Court of Appeal was correct to allow the appeal by the Solicitor-General against the sentence imposed on Mr Philip in the High Court. The Registrar was instructed to set the appeal down for hearing as soon as possible.

The legal issue before the Supreme Court was whether the Court of Appeal was correct to allow the appeal by the Solicitor-General against the sentence imposed on Mr Philip by the High Court. The Court of Appeal had allowed the appeal on the basis that the High Court had erred in departing from the guideline judgment of Zhang v R [2019] NZCA 507, [2019] 3 NZLR 648. The Supreme Court noted that it did not want to hear arguments on the approach of the Court of Appeal to the process followed by the High Court in departing from the sentence indication. Instead, it wanted to focus on the approach taken by the Court of Appeal in this case to the guideline judgment of Zhang v R.

The Supreme Court granted leave to appeal on a general basis and indicated that the focus of the appeal should be on the approach taken by the Court of Appeal in this case to the guideline judgment of Zhang v R. The Court of Appeal had allowed the appeal by the Solicitor-General against the sentence imposed on Mr Philip by the High Court on the basis that the High Court had erred in departing from the guideline judgment of Zhang v R. The Supreme Court noted that it did not want to hear arguments on the approach of the Court of Appeal to the process followed by the High Court in departing from the sentence indication. Instead, it wanted to focus on the approach taken by the Court of Appeal in this case to the guideline judgment of Zhang v R. The Supreme Court granted leave to appeal and specified the question to be addressed on appeal, which was whether the Court of Appeal was correct to allow the appeal by the Solicitor-General against the sentence imposed on Mr Philip in the High Court.

The final orders of the Supreme Court were that leave to appeal was granted on a general basis and the question to be addressed on appeal was whether the Court of Appeal was correct to allow the appeal by the Solicitor-General against the sentence imposed on Mr Philip in the High Court. The Registrar was instructed to set the appeal down for hearing as soon as possible.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established