Burke v The the King

NOTE: HIGH COURT SUPPRESSION ORDERS EXIST IN RELATION TO ASPECTS OF [2021] NZHC 136 PURSUANT TO S 205 OF THE CRIMINAL PROCEDURE ACT 2011: SEE PARAGRAPH [61].

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

SC 75/2022
[2022] NZSC 124

BETWEEN	JUSTIN RICHARD BURKE Applicant
AND	THE KING Respondent

Court:	Glazebrook, Williams and Kós JJ
Counsel:	J R Rapley KC, S M Grieve and S J Bird for Applicant F R J Sinclair for Respondent
Judgment:	21 October 2022

JUDGMENT OF THE COURT

A Leave to appeal is granted (Burke v R [2022] NZCA 279).
BThe approved question is whether the Court of Appeal correctly interpreted and applied s 66(2) of the Crimes Act 1961.

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REASONS

The Registrar is requested to liaise with counsel with a view to setting a fixture date convenient to senior counsel.
Given the nature of the issues raised by the appeal, it may be that the Criminal Bar Association of New Zealand and/or the Defence Lawyers Association New Zealand | Te Matakahi may wish to seek leave to intervene to present submissions at the hearing or file written submissions. The Registrar is asked to provide copies of this judgment to both bodies. It would assist the Court if any applications in this regard were filed promptly.

Solicitors:
Crown Law Office, Wellington for Respondent

CaseChat Overview and Summary

Justin Richard Burke, the applicant, sought leave to appeal against the decision of the Court of Appeal. The primary issue in this case was whether the Court of Appeal correctly interpreted and applied section 66(2) of the Crimes Act 1961. This appeal raises questions about the interpretation and application of this particular section of the Act and its implications on the applicant's case.

The Supreme Court of New Zealand, consisting of Glazebrook, Williams, and Kós JJ, heard the appeal. The Court granted leave to appeal and requested the Registrar to liaise with counsel to set a fixture date convenient to senior counsel. The Court also indicated that the Criminal Bar Association of New Zealand and/or the Defence Lawyers Association New Zealand may wish to seek leave to intervene to present submissions at the hearing or file written submissions. The Registrar was asked to provide copies of this judgment to both bodies and to file any applications promptly.

The Supreme Court's decision to grant leave to appeal signifies the importance of the legal issues raised in this case. The Court's request for the Registrar to liaise with counsel and provide information to relevant legal associations demonstrates the Court's commitment to ensuring a thorough and well-rounded examination of the issues at hand. It remains to be seen how the Court will ultimately rule on the interpretation and application of section 66(2) of the Crimes Act 1961.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established