by Cherry | Jun 9, 2023 | News
Murder – sentencing – sentencing starting point –Sentencing Act 2002, s 104 – presumption of 17 years’ minimum period of imprisonment due to vulnerability of the victim – relevance of youth in murder sentencing – nominal MPI of 15 years imposed in absence of...
by Cherry | Jun 9, 2023 | News
Permanent name suppression – extreme hardship – Criminal Procedure Act 2011, s 200(2)(a) – not guilty – manslaughter – D (CA443/2015) v Police – presumption of innocence – public interest – mental health R v McPhee [2023] NZHC 1186 per Gwyn J. Connor McPhee was found...
by Cherry | Jun 9, 2023 | News
Judicial review – successful application for judicial review of decision made under s 62(3) of the Corrections Act 2004 – temporary removal from prison – compassionate leave – terminally ill mother Rewiri v R [2023] NZHC 1254 per Tahana J Adrian Rewiri is incarcerated...
by Cherry | Jun 9, 2023 | News
Litigation privilege – Evidence Act 2006, s 56 – Guardian Royal Exchange Co v Stuart principles – dominant purpose of document – interpretation of ‘preparing for’ litigation – entitlement to sue not captured by litigation purpose HealthAlliance NZ Limited v...
by Cherry | Jun 9, 2023 | News
Property Law Act 2007, s 317 – appeal against High Court decision refusing relief – restrictive covenants – purchase subject to title – whether grounds for relief under s 317 made out – whether discretion to extinguish or modify covenant should be exercised Hürlimann...
