Singson v The Queen

[2021] NZHC 313

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-404-000257

[2021] NZHC 313

BETWEEN

ANTONIO VILLEGAS SINGSON

Appellant

AND

THE QUEEN

Respondent

Hearing:

On the papers

Counsel:

DS Niven for Appellant

BD Tantrum and STL Teppett for Respondent

Judgment:

1 March 2021

JUDGMENT OF DOWNS J

This judgment was delivered by me on Monday, 1 March 2021 at 10.30 am.

Registrar/Deputy Registrar

Solicitors/Counsel:

Crown Solicitor, Auckland. DS Niven, Auckland.

SINGSON v R [2021] NZHC 313 [1 March 2021]

[1]    Mr Singson was placed on the Child Sex Offender Register. It is now clear from the Supreme Court’s decision in D v Police there was no jurisdiction to do so.1 Mr Singson committed the sexual offences before the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 came into force. A majority of the Supreme Court held the Act is not retrospective.

[2]The appeal is allowed—by agreement. Registration is quashed.

……………………………..

Downs J

1      D v Police [2021] NZSC 2.