Alex Kwong Wong v The Queen

[2007] NZSC 78

IN THE SUPREME COURT OF NEW ZEALAND

SC 53/2007
[2007] NZSC 78

ALEX KWONG WONG

v

THE QUEEN

Court:Blanchard, Tipping and McGrath JJ

Counsel:F C Deliu for Applicant

A Markham for Crown

Judgment:24 September 2007 

JUDGMENT OF THE COURT

A        THE APPLICATION FOR LEAVE TO APPEAL IS GRANTED.

BThe approved ground of appeal is whether there were “exceptional circumstances relating to the trial” in terms of s 374(4A) justifying the decision that the trial should proceed with only 10 jurors.

REASONS

[1]       Leave is restricted to the “10 jurors” point.  None of the other proposed grounds raises any arguable issue of general or public importance or any appearance of a miscarriage of justice.

[2]       We are satisfied that there is no realistic prospect that the event which gave rise to the discharge of the 11th juror, being unrelated to the trial, could have affected the verdicts, some of which were in favour of the defendants, including the applicant.  The guilty verdicts do not appear unreasonable nor inconsistent with the acquittals.

[3]       We agree with the submission for the Crown that the proposed argument that the offence of money laundering is “not designed to deal with the proceeds of specific substantive crimes which are alleged” is plainly unsustainable and that there is no basis for challenging the decision against severance.

Solicitors:
Crown Law Office, Wellington