Home
| Databases
| WorldLII
| Search
| Feedback
High Court of New Zealand Decisions |
Last Updated: 1 November 2016
ORDER PROHIBITING PUBLICATION OF THE NAME AND IDENTIFYING PARTICULARS (INCLUDING THE NAME OF THE CORPS TO WHICH THEY ARE OR HAVE BEEN ATTACHED) OF THE APPELLANT, AND THE WITNESSES IN THE COURT MARTIAL, PURSUANT TO S 145 OF THE ARMED FORCES DISCIPLINE ACT 1971
AND SS 200 AND 202 CRIMINAL PROCEDURE ACT 2011.
ORDER PROHIBITING PUBLICATION OF EVIDENCE AND SUBMISSIONS RELATING TO THE REASONS FOR THE SUPPRESSION ORDERS PURSUANT TO S 145 OF THE ARMED FORCES DISCIPLINE ACT 1971 AND S 205 CRIMINAL PROCEDURE ACT 2011.
IN THE COURT MARTIAL APPEAL COURT OF NEW ZEALAND WELLINGTON REGISTRY
CIV 2016-485-740 [2016] NZHC 2485
UNDER
|
the Court Martial Appeals Act 1953
|
IN THE MATTER OF
|
an appeal against sentence
|
BETWEEN
|
B Appellant
|
AND
|
THE QUEEN Respondent
|
Hearing:
|
17 October 2016
|
Court:
|
Mallon J
Judge D McGregor
Judge J Billington QC
|
Counsel:
|
Major S Taylor for the Appellant
Captain R L Goguel and Captain G H Davies for the Crown
|
Judgment:
|
17 October 2016
|
JUDGMENT OF THE COURT
A The appeal is
allowed.
B v R [2016] NZHC 2485 [17 October 2016]
B The sentence imposed in the Court Martial is quashed and
replaced with a sentence of a reduction in rank, to the rank of
lieutenant with
three years seniority, and a severe reprimand.
C Order prohibiting publication of the name and identifying
particulars (including the name of the corps to which
they are or
have been attached) of the appellant, and the witnesses in the Court Martial,
pursuant to s 145 of the Armed Forces
Discipline Act 1971 and ss 200 and 202
Criminal Procedure Act 2011.
D Order prohibiting publication of evidence and submissions relating to the reasons for the suppression orders pursuant to s 145 of the Armed
Forces Discipline Act 1971 and s 205 Criminal Procedure Act
2011.
[Reasons to follow]
NZLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.nzlii.org/nz/cases/NZHC/2016/2485.html