Ker v R [2015] NZCA 522 (9 November 2015)

Last Updated: 19 November 2015

IN THE COURT OF APPEAL OF NEW ZEALAND
CA391/2014 [2015] NZCA 522
BETWEEN	BRIAN KER Appellant
AND	THE QUEEN Respondent

Hearing:	4 November 2015
Court:	Randerson, Lang and Clifford JJ
Counsel:	D Nairn for Appellant Z R Johnston for Respondent
Judgment:	9 November 2015 at 2:15 pm

JUDGMENT OF THE COURT

1. Leave is granted under s 237 of the Criminal Procedure Act 2011 to bring a second appeal.
2. The question to be determined is whether a conviction for offensive behaviour under s 4(1)(a) of the Summary Proceedings Act 1957 requires proof that the relevant behaviour was actually observed and caused disruption to public order or whether it is sufficient to prove that the behaviour was in the circumstances capable of being observed and producing disruption to public order.

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Solicitors:
Crown Law Office, Wellington for Respondent