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B v R [2016] NZHC 2485 (17 October 2016)

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]


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