Daniel Clinton Fitzgerald v R

CourtSupreme Court
Judgment Date07 October 2021
Neutral Citation[2021] NZSC 131
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21 cases
  • Chisnall v The Attorney-General
    • New Zealand
    • Court of Appeal
    • 22 November 2021
    ...Bill of Rights Act: A Commentary (2nd ed, LexisNexis, Wellington, 2015) at [6.5.2]–[6.5.3] (footnotes omitted). 227 Fitzgerald v R [2021] NZSC 131 at [38], [47] and [78] per Winkelmann CJ, [160] and [175] per O'Regan and Arnold JJ and [241] and [244] per Glazebrook J. To similar effect are ......
  • Daniel Clinton Fitzgerald v R
    • New Zealand
    • Supreme Court
    • 7 October 2021
    ...to the High Court for re-sentencing. ____________________________________________________________________ DANIEL CLINTON FITZGERALD v R [2021] NZSC 131 [7 October SUMMARY OF RESULT (Given by the Court) [1] The Court has unanimously dismissed Mr Fitzgerald’s appeal against conviction and, by......
  • Phillips v R
    • New Zealand
    • Court of Appeal
    • 3 December 2021
    ...was given because it was the appellant's third qualifying conviction under the three strikes regime — application of Fitzgerald v R [2021] NZSC 131 — where the application of the three strikes regime would amount to disproportionately severe punishment under the New Zealand Bill of Rights A......
  • Grounded Kiwis Group Incorporated v Minister of Health
    • New Zealand
    • High Court
    • 27 April 2022
    ...1469 at 1482, in Spencer v Canada (Health) 2021 FC 621 at [70]. Divito v Canada, above n 59, at [28] and [55]. See also Fitzgerald v R [2021] NZSC 131, 1 NZLR 551 at [111] that BORA is to be given a generous interpretation and one that renders the rights practical and effective. United Stat......
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