Rhys Michael Cullen v The Queen

[2014] NZSC 148

IN THE SUPREME COURT OF NEW ZEALAND

SC  68/2014
[2014] NZSC 148

BETWEEN	RHYS MICHAEL CULLEN Applicant
AND	THE QUEEN Respondent

Court:	McGrath, William Young and Arnold JJ
Counsel:	Applicant in Person J Mildenhall for Respondent
Judgment:	22 October 2014

JUDGMENT OF THE COURT

A The application for leave to appeal is granted (Cullen v R [2014] NZCA 325).

BThe approved question is whether the Court of Appeal was correct to dismiss Mr Cullen’s appeal.

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REASONS

1. Without narrowing the scope of the approved ground of appeal, the Court wishes the parties to address the following matters in the course of their argument:

   (a)Can the actions and states of mind of the employees other than the appellant be attributed to Tamaki Metals Ltd as to (i) possession, and (ii) recklessness?

   (b)For the purposes of s 246 of the Crimes Act 1961, at what point was “the act of receiving” by Tamaki Metals Ltd complete?

   (c)For the purposes of s 246(3) of the Crimes Act, can there be more than one “act of receiving” by the same offender in relation to the same property?

2. Although the Court will not formally review the correctness of the Court of Appeal’s judgment in Cullen v R [2012] NZCA 413, the parties are not restricted in their arguments by the assumption that it was correctly decided.

Solicitors:
Crown Law Office, Wellington for Respondent.