Antony Shaw
Antony "Tony" Shaw is a barrister of the High Court of New Zealand, and a former lecturer of law at
Biography
Shaw is one of only five barristers who between the years 1848 and 2014 successfully argued a case before the
Likewise Shaw along with fellow Barrister Greg King also share the distinction of being the first to win a criminal case before the new Supreme Court of New Zealand - see: (Timoti v Queen - SC 2005).[6]
In 2010, Shaw successfully represented Flag Burner Valerie Morse in the Supreme Court where her conviction for disorderly behavior was quashed.
He is the co-author of several books and papers, including books published by Legal Publisher
Recently in the News
Karori homicide: Two women charged in murder investigation after man killed in Wellington suburb [15]
Shaw obtained interim name suppression pending further reports for the defendant who was charged with murder.
Dilworth School sex abuse investigation [16]
Shaw obtained interim name suppression for the defendant who was charged with historic sex offences.
Recent cases
Liston-Llyod v The Commissioner of Police - (High Court)[17]
Shaw successfully represented the plaintiff in a judicial review of the police's decision to improperly take DNA from the plaintiff. The decision required the police to pay compensation to plaintiff and ordered that the DNA sample be destroyed.
R v T - (District Court)
Shaw successfully obtained a discharge without conviction for an Airline employee who had been charged with driving with excess breath alcohol. Shaw successfully argued that the effects of a conviction on the Defendant would significantly outweigh the gravity of the offence.
Marteley v The Legal Services Commissioner - (Supreme Court)[18]
Shaw together with fellow Barrister Dr Tony Ellis, successfully appealed a decision of the Court of Appeal where the Plaintiff had been refused Legal Aid to appeal against his conviction for murder. The Supreme Court's decision granted Legal Aid to the Plaintiff (to appeal his conviction) and awarded costs to the Plaintiff of $25,000 and additional general costs and disbursements. The Court created a benchmark and identified [at paragraph 55 of its decision] what it regarded would now be the 7 "critical considerations" for a grant of Legal Aid.
Historic Cases of interest
Ministry of Transport v Noort - Court of Appeal 1991
In 1991, Shaw successfully represented a Mr Noort in the
R v Goodwin (No.2) - Court of Appeal 1993
In 1993, Shaw and fellow Barrister Michael (Mike) Bungay successfully represented the Appellant Goodwin in a Court of Appeal case known as R v Goodwin (No.2). This case is now regarded by the New Zealand Justice Department as the leading (key) case in relation to the Rights of Persons arrested (Pursuant to the New Zealand Bill of Rights).
Simpson v The Attorney General (also known as the Baigents case) - Court of Appeal 1994
In 1994 Shaw successfully represented the Plaintiff Mr. Simpson in (
R v Taito - Privy Council 2002
In 2002 at the
Timoti v Queen - Supreme Court 2005
In 2005, and flowing from the successful decision of the Privy Council in R v Taito [2002] 3 NZLR 577, 6 HRNZ 539 (Privy Council 2002), Shaw along with fellow Barristers Greg King and Catherine Milnes successfully appealed in the Supreme Court the 1999 Murder conviction of Aerengaroa Timoti. Timoti was 23 when he was convicted of Murder for setting fire to his mother's Mt Roskill house while five people were inside (for which he was serving a life sentence). The appeal focused on the partial defence of provocation (pursuant to then section 169 of the Crimes Act 1961) relating to a falling out between Timoti and his father prior to him setting alight to the house. The Supreme Court held that Timoti was provoked "sufficient to deprive a person having the power of self-control of an ordinary person, but otherwise having the characteristics of the accused...", therefore a properly directed Jury might have found Timoti guilty of the lesser charge of Manslaughter which was not available or presented to the Jury as an option when he was convicted in 1999. Timoti's conviction was quashed and a new trial was ordered. It was the first ever-successful criminal appeal to the newly formed Supreme Court (formed in 2004)[6][25]
R v McIntyre (Far North Farmer Shoots Thieves) - District Court 2005
In 2005, Judge Michael Lance directed the jury in this case to find the accused Paul McIntyre not guilty. This was a re-trial of a charge that Mcintyre unlawfully discharged a firearm in a manner likely to endanger another's safety. In 2002 McIntyre fired at thieves attempting to steal his quad-bike from his Far North Farm. The direction to the jury followed 2 days of submissions and legal argument from Shaw and fellow Barrister Barry Hart. The Northern Advocate reported that the Judges direction (to find McIntyre not guilty) sic "..came after two days of intense legal argument between McIntyre's lawyers Barry Hart and Antony Shaw and Crown prosecutor Kim Thomas..". The paper went on to report that after the verdict was delivered "..a relieved Mr McIntyre said a "hellish" two-and-a-half-years fighting the charges were now over and he could get on with his life and farming. "I feel really relieved. I wasn't expecting this but I was hoping for it," he said.."[11]
R v Alan Duff - District Court 2008
In 2008, Shaw successfully represented Author and writer of
Morse v Queen - Supreme Court 2010 - Also known as "The Flag Burning Case"
In 2010, Shaw successfully represented "Flag Burner" Valerie Morse in the New Zealand Supreme Court before Supreme Court Justices Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ. Morse's conviction was quashed. Morse was previously convicted of behaving in an offensive manner following her burning of a New Zealand Flag at the Wellington
R (The Queen) v (Waihopai Spy Base Protestors) - District Court 2010
In 2010 Shaw also successfully defended a client who had been charged with breaking into the high security New Zealand/US Spy Base.
Notable publications
- Human Rights Law Thomson Reuters - Antony Shaw & Andrew Butler (Human Rights Reports of New Zealand (HRNZ))[12]
- Alternative Shadow Report 2009 (T. Ellis & A. Shaw) - Provided to the United Nations[32]
- A Standard for Justice: A Commentary on the Draft Bill of Rights for New Zealand – June 5, 1986 by Jerome B. Elkind & Antony Shaw Paperback: 128 pages, Publisher: ISBN 978-0195581447[14]
References
- ^ "Calendar 2004" (PDF). Victoria.ac.nz. Retrieved 2 May 2015.
- ^ "ADLSI Find-a-Lawyer". Adls.org.nz. Retrieved 2 May 2015.
- ^ a b "Privy Council has lawyers checking validity of law change - National - NZ Herald News". Nzherald.co.nz. Retrieved 2 May 2015.
- ^ (R v Taito [2002] 3 NZLR 577, 6 HRNZ 539 (Privy Council 2002)
- ^ a b "New Zealand.s link with the Privy Council and the proposed Supreme Court 2004" (PDF). Parliament.nz. Retrieved 2 May 2015.
- ^ a b "Aerengaroa Timoti" (PDF). Forms.justice.govt.nz. Retrieved 2 May 2015.
- ^ a b "Valerie Morse" (PDF). Forms.justice.govt.nz. Retrieved 2 May 2015.
- ^ a b Stuart, Hamish (17 March 2010). "Waihopai activists found not guilty". Stuff.co.nz. Retrieved 2 May 2015.
- ^ "Deps delayed for alleged hijacker - National News | TVNZ". tvnz.co.nz. Archived from the original on 4 April 2015. Retrieved 26 January 2022.
- ^ a b "Cops stir 'warrior' in Duff - National - NZ Herald News". Nzherald.co.nz. Retrieved 2 May 2015.
- ^ a b "Clear accused shooter, judge directs jury - Northern Advocate - Northern Advocate News". Nzherald.co.nz. Retrieved 2 May 2015.
- ^ a b Shaw, Antony (14 November 2012). "Human Rights Law – Thomson Reuters New Zealand". Thomsonreuters.co.nz. Retrieved 2 May 2015.
- ISBN 978-0195581447
- ^ ISBN 019558144X.
- ^ "Karori homicide: Two women charged in murder investigation after man killed in Wellington suburb". 21 January 2021.
- ^ "Dilworth sex abuse: 39-year-old denies alleged offending".
- ^ Court document justice.govt.nz [dead link]
- ^ Court document justice.govt.nz [dead link]
- ^ (Ministry of Transport v Noort [1992] 3 NZLR 260, 268 (CA) Cooke P
- ^ a b "Publications | Law Commission". Ip33.publications.lawcom.govt.nz. Retrieved 2 May 2015.
- ^ "Section 23 Rights of persons arrested or detained — Ministry of Justice, New Zealand". Justice.govt.nz. Archived from the original on 28 January 2015. Retrieved 2 May 2015.
- ISBN 9781901362848. Retrieved 2 May 2015.
- ^ Simpson v. Attorney General [1994] 3 NZLR 667
- ^ "PART IV Remedies under the Bill of Rights Act — Ministry of Justice, New Zealand". Justice.govt.nz. Archived from the original on 28 January 2015. Retrieved 2 May 2015.
- ^ "Convicted murderer wins retrial - National - NZ Herald News". Nzherald.co.nz. Retrieved 2 May 2015.
- ^ "Duff's charges dismissed: Arguments 'unpersuasive' - Rotorua Daily Post - Rotorua Daily Post News". Nzherald.co.nz. Retrieved 2 May 2015.
- ^ "Police appeal Alan Duff acquittal - national". Stuff.co.nz. 1 July 2008. Retrieved 2 May 2015.
- ^ "Police win appeal in Duff case, but no rehearing". Stuff.co.nz. 11 September 2009. Retrieved 2 May 2015.
- ^ "Court throws out flag burning charge - national". Stuff.co.nz. 6 May 2011. Retrieved 2 May 2015.
- ^ "Flag burning conviction quashed - National - NZ Herald News". Nzherald.co.nz. Retrieved 2 May 2015.
- ^ "Spy base attackers in court". Stuff.co.nz. 30 April 2008. Retrieved 2 May 2015.
- ^ "BEFORE THE UNITED NATIONS COMMITTEE AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT" (PDF). Tbinternet.ohchr.org. Retrieved 2 May 2015.