R v Burns Ca415/02

[2003] NZCA 356

INTHE COURT OF APPEAL OF NEW ZEALAND  CA415/02 CA419/02 CA426/02

THE QUEEN

V

KENT RUSSELL BURNS DANIEL MARTIN CUTBILL GABRIEL WILLIAMS

Hearing:  3 February 2003

Coram:  Keith J

Tipping J Glazebrook J

Counsel:  A J S Snell for Appellant Burns

A K G Morgan for Appellant Cutbill

M J Behrens QC for Appellant Williams K G Stone for the Crown

Judgment:  3 February 2003

JUDGMENT OF THE COURT

[1]        This Court allowed the appeals of three of the co-accused in its judgment of 4 December 2002; R v Hagen, R v Gemmell and R v Lloyd 162/02, 185/02 and 195/02. The present three appellants have subsequently appealed.

[2]        The Crown accepts that it is in the interests of justice that these appellants be granted leave to appeal out of time, and that the appeals be allowed, the convictions and sentences quashed and new trials ordered.

[3]        The guilty verdict against Gabriel Williams on the indecent assault count is not challenged.

[4]        On the basis briefly outlined above, the appeals by the three appellants are allowed, the convictions and sentences are quashed and new trials are ordered.

Solicitors

Crown Law Office, Wellington

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