R v B (CA119/06)

[2006] NZCA 399

INTERIM NAME SUPPRESSION UNTIL THE HEARING OF HER APPEAL

IN THE COURT OF APPEAL OF NEW ZEALAND

CA119/06

THE QUEEN

v

B (CA119/06)

Hearing:         7 April 2006

Court:            Glazebrook and Chambers JJ Counsel: T Sutcliffe for Appellant

S Holt for Crown

Judgment:      7 April 2006

JUDGMENT OF THE COURT

Interim name suppression for Ms B until the hearing of her appeal.

REASONS (ORAL)

(Given by Glazebrook J)

[1]      This is an appeal against a refusal of interim name suppression.  It appears as though this Court does have jurisdiction to hear this matter given that Ms B pleaded

R V B (CA119/06) CA CA119/06 7 April 2006

guilty after committal.  However it also appears that there is a right of appeal to the

High Court in terms of s 28E(2B) of the District Courts Act 1947.

[2]      At a telephone conference this morning Mr Sutcliffe, acting on behalf of Ms B, considered that it might well be more expedient from his point of view and his client’s point of view to have the appeal heard by the High Court.  If an appeal is filed it would appear that there would be a continuation of name suppression under s 115C of the Summary Proceedings Act 1957.

[3]      However, out of an excess of caution, Mr Sutcliffe asked that we make an interim order for name suppression pending the hearing of the appeal which will either be in the High Court when those proceedings are filed or alternatively, if Mr Sutcliffe decides that he would like the matter heard in this Court, then it is able to be heard on 12 April 2006.

[4]      On the basis that this Court has jurisdiction, we therefore make an interim order for the suppression of Ms B’s name until the hearing of her appeal on the name suppression.  If we, contrary to our view, do not have jurisdiction, we re-constitute ourselves as High Court Judges in order to make the same order for interim name suppression until the hearing of her appeal.

Solicitors:

Crown Law Office, Wellington