R v Westbury

The Court of Appeal of New Zealand heard an appeal by Linda Joyce Westbury against her convictions on nine counts of receiving. Westbury was sentenced to 200 hours of community work on 21 September 2007. The appeal was heard on the papers under section 392B of the Crimes Act 1961. The appeal was allowed, and the convictions were set aside, ordering a retrial.

The legal issues before the Court were whether the appeal against conviction should be allowed and whether the convictions should be set aside. The Court had to consider the reasoning of the Court in the earlier appeals by Peter Lloyd Machirus and Vincent James Clayton, which had been allowed, and whether that reasoning applied to Westbury. The Court also had to consider whether an extension of time for appealing should be granted to Westbury due to the potential consequences of the earlier appeals.

The Court found that the reasoning of the Court in Clayton, based on the decision in Machirus, applied to Westbury. The Court was advised that the Crown would not lead evidence at a retrial for Machirus and Clayton, who had been discharged under section 347 of the Crimes Act 1961. The Court found it reasonable to extend time for Westbury to appeal due to the potential consequences for her. The Court allowed the appeal, set aside the convictions, and ordered a retrial.

The final orders of the Court were that an extension of time for appealing was granted to Westbury, the appeal was allowed, and the convictions were set aside, ordering a retrial.