R v Pandey-Johnson

[2022] NZHC 3603

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CRI-2011-443-13

[2022] NZHC 3603

THE KING

v

MIKHAIL RAFAEL PANDEY-JOHNSON KARL TEANGIOTAU NUKU

Hearing:	On the Papers
Judgment:	22 December 2022

JUDGMENT OF McQUEEN

[Access to Sentencing Notes]

[1]    Dr Greg Young seeks access to the sentencing notes of Justice Woolford, or alternatively the transcript of the sentencing  remarks,  regarding  the  sentence  of Mr Pandey-Johnson.1

[2]    Mr Pandy-Johnson is currently serving a life sentence for murder. He was sentenced by Woolford J to life imprisonment, with a minimum period of imprisonment of 18 years. Dr Young notes in his application that he is a psychiatrist in the Napier forensic service who is currently treating Mr Pandey-Johnson in Hawkes’ Bay Regional Prison. He seeks access to the sentencing notes as he “would like information to assist [his] understanding of [M Pandey-Johnson’s] circumstances leading up to the index office.” Dr Young says he will abide by any conditions the Court considers appropriate and would treat the information as confidential. He also

1      R v Pandey-Johnson HC New Plymouth CRI-2011-443-13, 29 July 2011.

R v PANDEY-JOHNSON [2022] NZHC 3603 [22 December 2022]

records that Mr Pandey-Johnson has given him permission to obtain the information and attaches Mr Pandey-Johnson’s signed consent to his application.

[3]    Under r 8(3)(d) of the Senior Courts (Access to Court Documents) Rules 2017, every person has the right to access any judicial officer’s sentencing notes. Accordingly, Dr Young is permitted to access the sentencing notes of Woolford J sentencing Mr Pandey-Johnson to life imprisonment.

McQueen J