Attorney General v Smith Flashcards
1
Q
Facts
A
Mr Smith was a prisoner who, due to balding, gained permission from the prison to wear a wig.
Mr Smith escaped and was retuned to prison in 2014
On his return, Mr Smiths permission to wear a wig was revoked
2
Q
Issues
A
Does a prisoners wish to wear a wig engage the right to freedom of expression, affirmed by s14 of NZBORA 1990
3
Q
Decision
A
Courts ruled that no it didn’t engage pression, affirmed by s14 of NZBORA 1990
4
Q
Reasoning
A
Wearing a wig to hide ones baldness is not an act with expressive content, therefore his wish is not affirmed by s14 of NZBORA 1990
5
Q
The legal rule of Attorney General v Smith
A
S14 of NZBORA 1990 applies to conduct that conveys or attempts to convey, meaning to others.
