| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA266/2017 [2019] NZCA 87 |
| BETWEEN | MICHAEL JOSEPH DAVIES (aka MICHAEL JOSEPH WAIPOURI) |
| AND | THE QUEEN |
| Hearing: | 2 April 2019 |
Court: | Williams, Collins and Toogood JJ |
Counsel: | R M Mansfield for Appellant |
Judgment: | 3 April 2019 at 10.00 am |
JUDGMENT OF THE COURT
AThe application for an extension of time is granted.
BThe appeal against conviction is dismissed.
CThe appeal against sentence is dismissed.
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[Reasons to follow.]
Solicitors:
Crown Law Office, Wellington for Respondent
- AGLC
- Davies (aka Waipouri) v The Queen [2019] NZCA 87
- Case
- [2019] NZCA 87
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the appeal against the conviction and the sentence were valid. The appellant contested the conviction on grounds that the evidence was insufficient to support the guilty verdict, and he also argued that the sentence was excessive and disproportionate to the crime committed. The court had to determine whether there were any errors in the trial that warranted a new trial or a reduction in the sentence.
The court thoroughly reviewed the evidence and legal arguments presented by both parties. The judges found that the evidence presented during the trial was sufficient to support the conviction, and no errors were made that would warrant a new trial. The court also considered the appellant's arguments regarding the sentence and found that the sentence was proportionate to the crime committed. Consequently, the appeal against both the conviction and the sentence was dismissed, and the application for an extension of time was granted. The legal representatives for the appellant and the respondent were from the Crown Law Office in Wellington.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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