Lemanu v The Queen

[2011] NZCA 613

IN THE COURT OF APPEAL OF NEW ZEALAND

CA745/2011
[2011] NZCA 613

BETWEEN  VILA LEMANU
Appellant

AND  THE QUEEN
Respondent

Court:             Randerson, Harrison and Stevens JJ

Counsel:         S Tait for Appellant
M Lillico for Respondent

Judgment:      2 December 2011 at 10.30 a.m

(On the papers)

JUDGMENT OF THE COURT

A        The application to extend time for filing the appeal against conviction is granted. 

BThe appellant’s conviction as an accessory after the fact to murder is quashed.

CA retrial is ordered.

DAny application for bail is to be dealt with in the High Court.

REASONS OF THE COURT

(Given by Randerson J)

1. The appellant was convicted as an accessory after the fact to the murder of a Mrs Jian Wang.  The principal offender (a Mr Shadrock) was convicted of murder but this Court allowed his appeal and quashed his conviction earlier this year.[1]

   [1]      R v Shadrock [2011] NZCA 388.

2. In consequence of the Court’s finding in respect of Mr Shadrock, another person in the same position as the present appellant has also had his conviction quashed on the footing that proof of the principal’s conviction for murder was a necessary element of the offence of being an accessory after the fact. [2]

   [2]      Tere v R [2011] NZCA 549.

3. The Crown has accepted by memorandum that the appellant’s appeal against his conviction should be granted and his conviction quashed on the same basis as Mr Shadrock’s other co-offender.  The Crown submits that a retrial should be ordered.

4. We are satisfied that the course proposed by the Crown is appropriate.  Accordingly:

   (a)The application to extend time for filing the appeal against conviction is granted.

   (b)The appellant’ s conviction as an accessory after the fact to murder is quashed.

   (c)A retrial is ordered.

   (d)Any application for bail is to be dealt with in the High Court.

Solicitors:
Crown Law Office, Wellington for Respondent