Taylor v The Queen

[2013] NZCA 27

IN THE COURT OF APPEAL OF NEW ZEALAND

CA517/2012
[2013] NZCA 27

BETWEEN  DEREK JOHN TAYLOR
Appellant

AND  THE QUEEN
Respondent

Hearing:         21 February 2013

Court:             Arnold, Simon France and Dobson JJ

Counsel:         R G R Eagles for Appellant
P K Feltham for Respondent

Judgment:      21 February 2013 at 4 pm

JUDGMENT OF THE COURT

AIn relation to the two questions posed by the High Court:

(a)We answer question one “yes”;

(b)We are not required to answer question two.

BAccordingly we allow the appeal.  We quash the appellant’s convictions and sentence and remit the matter to the District Court so that the appellant has the opportunity to re-plead.

CAny issues in relation to bail are to be dealt with in the District Court.

____________________________________________________________________

[Reasons to follow]

Solicitors:
Crown Law Office, Wellington for Respondent