| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA350/2023 |
| BETWEEN | ALAN VICTOR JONES |
| AND | THE KING |
| Hearing: | 13 November 2024 (further submissions received 13 June 2025) |
Court: | Courtney, Campbell and Cull JJ |
Counsel: | M W Ryan and J G M Seton for Appellant |
Judgment: | 18 July 2025 at 2 pm |
JUDGMENT OF THE COURT
A The application to set aside the notice of abandonment is granted.
B The application to adduce fresh evidence on appeal is granted.
C The appeal against conviction is allowed.
D The convictions and sentence are set aside.
E We direct that a judgment of acquittal be entered.
REASONS OF THE COURT
(Given by Cull J)
Introduction
Mr Jones was convicted following a jury trial of three charges of money laundering.[1] He was sentenced to 10 months’ home detention and ordered to pay $10,000 in reparation.[2] Mr Jones filed a conviction appeal following his trial but prior to sentencing, and subsequently abandoned the appeal after he was sentenced.
[1]Crimes Act 1961, s 243(2); maximum sentence seven years’ imprisonment.
[2]R v Jones [2024] NZDC 2175 [sentencing notes].
Mr Jones’ co‑accused, Mr Hunter, was subsequently tried separately and acquitted of money laundering charges in respect of the same transactions. This appeal arises as a result of Mr Hunter’s acquittal.
Mr Jones has applied for leave to withdraw the notice of abandonment, adduce fresh evidence and proceed with the appeal against his convictions, on the grounds that trial counsel error and improper jury research resulted in a miscarriage of justice.
Background
Procedural history
Mr Jones was the Chief Financial Officer of an investment company, Constance Capital Ltd (CCL), which received monies into its bank account as a result of a fraudulent business email scam. Mr Jones was charged with three charges of money laundering.
Mr Hunter was the director of CCL. He was separately charged with five charges of money laundering in respect of the same fraudulent scam. The Crown successfully applied for joinder of both sets of charges and the joint trial was scheduled to start in the week beginning 29 May 2023.
In the lead up to the trial, Mr Hunter filed an application for an adjournment of his trial, as he had undergone surgery and was medically unfit to attend Court. Mr Jones also sought an adjournment. On 23 May 2023, a telephone conference took place before Judge Gibson. At that point Mr Jones was unrepresented. The Judge adjourned Mr Hunter’s trial but directed Mr Jones’ trial to continue, advising him to seek legal advice. Mr Jones then instructed Mr Hayes as his trial counsel on 25 May 2023.
The facts
We consider the following background facts, taken from the oral verdict decision of Judge Gibson acquitting Mr Hunter of his charges,[3] best describe the roles of Mr Jones and Mr Hunter, CCL’s investment funding and the fraudulent business email scam. They provide the full factual context against which…
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- AGLC
- Jones v The King [2025] NZCA 338
- Case
- [2025] NZCA 338
- Decision Date
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