R v Philip

[2022] NZHC 3198

ORDER PROHIBITING PUBLICATION OF THE SUMMARY OF FACTS CONTAINED IN THIS JUDGMENT PURSUANT TO S 205 CRIMINAL

PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI 2021-069-001252

[2022] NZHC 3198

THE KING

v

GRAHAM JOHN PHILIP

Hearing:

1 December 2022 (at Hamilton)

Appearances:

A J Gordon for the Crown

W T Nabney for the Defendant

Judgment:

1 December 2022

ORAL RESULTS JUDGMENT OF TAHANA J

[Permanent suppression of summary of facts]

This judgment was delivered by me on2022 atam/pm

…………………………
Registrar/Deputy Registrar

Solicitors/Counsel:

Gordon Pilditch (Office of the Crown Solicitor), Rotorua W T Nabney, Tauranga

R v PHILIP [Results Judgment - Permanent suppression of summary of facts] [2022] NZHC 3198 [1 December 2022]

Introduction

[1]                 Mr Philip is being sentenced today. There is an interim suppression order in place prohibiting publication of the facts of Mr Philip’s offending until he is sentenced today. The Crown has applied for permanent suppression of the facts of Mr Philip’s offending.

[2]                 The Crown does not oppose media having access to the agreed summary of facts but seeks orders suppressing the publication of those facts. In the alternative, the Crown says that only the fact that “Mr Philip sabotaged infrastructure belonging to Transpower” should be published, and I have heard submissions today that Crown does not oppose publication of other limited facts.

[3]I will give my ruling now and separately issue the reasons for my decision.

Ruling

[4]                 I grant the Crown’s application for permanent suppression in part on the following terms:

(a)Publication of the facts of Mr Philip’s offending is limited to the following facts:

(i)That    Mr    Philip    sabotaged    infrastructure    belonging    to Transpower;

(ii)One act of sabotage caused a fire; and

(iii)The total cost to repair the damage and ensure the safety of the infrastructure is likely to exceed $1.25 million.

(b)Subject to authorised publication as specified above, publication of the facts of Mr Philip’s offending is otherwise forbidden.

Tahana J