Wallace v R

Case [2011] NZSC 10

ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL.  PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.
IN THE SUPREME COURT OF NEW ZEALAND
SC 141/2010
[2011] NZSC 10

JMW

v

THE QUEEN

Court:             Elias CJ, McGrath and William Young JJ

Counsel:         Applicant in person
K E Salmond for Crown

Judgment:      7 March 2011

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

REASONS

Not to be published in news media or on Internet or other publicly accessible database until final disposition of trial.

Solicitors:
Crown Law Office, Wellington

Details
AGLC
Wallace v R [2011] NZSC 10
Case
[2011] NZSC 10
Decision Date

CaseChat Overview and Summary

Wallace sought leave to appeal against a decision of the Court of Appeal that dismissed an appeal from a conviction for offences relating to the supply of cocaine. The Supreme Court considered the application for leave to appeal and the issue of whether the publication of the judgment and proceedings should be prohibited. The Court was required to determine whether the application for leave to appeal should be granted and whether there were grounds to prohibit the publication of the judgment and proceedings in the media.

The Court noted that the application for leave to appeal was not likely to succeed and that there were no exceptional circumstances that warranted the prohibition of publication. The Court held that the application for leave to appeal should be dismissed and that there were no grounds for prohibiting the publication of the judgment and proceedings in the media. The Court did, however, prohibit the publication of the judgment and proceedings in the news media or on the internet or other publicly accessible database until the final disposition of the trial. The Court held that the publication of the judgment and proceedings in law reports or law digests was permitted.

The Supreme Court dismissed the application for leave to appeal and did not grant the application to prohibit the publication of the judgment and proceedings in the media. The Court held that there were no exceptional circumstances that warranted the prohibition of publication and that the publication of the judgment and proceedings in law reports or law digests was permitted. The Court did, however, prohibit the publication of the judgment and proceedings in the news media or on the internet or other publicly accessible database until the final disposition of the trial.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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