Robert John Condon v The Queen

[2006] NZSC 11

IN THE SUPREME COURT OF NEW ZEALAND

SC 66/2005
[2006] NZSC 11

ROBERT JOHN CONDON

v

THE QUEEN

Hearing:27 March 2006

Court:Elias CJ, Blanchard and Tipping JJ

Counsel:N J Sainsbury and M Snape for Appellant

B J Horsley for Crown

Judgment:27 March 2006 

JUDGMENT OF THE COURT

A.The application for leave to appeal is granted.

B.The approved grounds are:

(a)   Did s 30 of the Sentencing Act 2002 preclude the sentencing of the appellant to a sentence of imprisonment in the circumstances of this case?

(b)  Did refusal of an adjournment of the trial after withdrawal of assigned counsel give rise to a miscarriage of justice in the circumstances of this case?

Solicitors:
Crown Law, Wellington