JU (Appellant) v The King (Respondent) (Cook Islands)

Case summary

Case ID

JCPC/2025/0112

Jurisdiction

Cook Islands and Niue

Parties

Appellant(s)

JU

Respondent(s)

The King

Issue

Was the Court of Appeal wrong to find that the adoption of the “out of all proportion” test for a discharge without conviction was correct? If not, did the Court of Appeal err in its application of this test on the merits? Did the Court of Appeal err in finding that it had no jurisdiction to grant leave to the Judicial Committee of the Privy Council in criminal cases?

Facts

In July 2023, a jury found the Appellant (“JU”) guilty on two of five charges of assault on a female under section 214(b) of the Crimes Act 1969. He was convicted on those two charges and sentenced to 12 months’ probation with conditions as to travel and counselling. Thereafter, JU applied to be discharged without conviction under section 112 of the Criminal Procedure Act 1980-81. This application was dismissed by Justice Potter on 24 October 2023. JU then appealed against his conviction and the dismissal of his application to be discharged without conviction to the Court of Appeal (“CA”). The CA dismissed JU’s appeals and confirmed his sentence. JU now seeks permission to appeal to the Judicial Committee of the Privy Council.

Date of issue

11 November 2025

Case origin

PTA

Permission to Appeal

Justices

Lord Lloyd-Jones

Lord Leggatt

Lord Stephens

Permission to Appeal decision date

10 March 2026

Permission to Appeal decision

Refused

It is unnecessary to decide whether the Court of Appeal had power to grant permission to appeal because no arguable point of law is raised and there is no risk that a serious miscarriage of justice may have occurred.

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