Down v The Queen

[2011] NZSC 81

IN THE SUPREME COURT OF NEW ZEALAND

SC 48/2011
[2011] NZSC 81

CAROL MARGARET DOWN

v

THE QUEEN

Court:             Blanchard, Tipping and McGrath JJ

Counsel:         A D Banbrook for Appellant
M D Downs for Crown

Judgment:      5 August 2011

JUDGMENT OF THE COURT

A        Leave to appeal is granted.

B        The approved grounds are:

(i)     whether the laying of the informations on the discharge counts required leave of a District Court Judge or Registrar under s 21 of the Summary Proceedings Act 1957; and

(ii)     if so, whether in the absence of such leave prior to the laying of the informations the proceedings were validated by s 204 of that Act.

Solicitors:
C K Lyon, Auckland for Appellant
Crown Law Office, Wellington