The Queen v Daniel Peter Kenneth Gee

[2001] NZCA 53

IN THE COURT OF APPEAL OF NEW ZEALAND CA374/00

THE QUEEN

V

DANIEL PETER KENNETH GEE

Hearing:	19 March 2001
Coram:	Tipping J Robertson J Young J
Appearances:	J M Ablett Kerr QC and T M Stephenson for Appellant J C Pike for Crown
Judgment:	19 March 2001

JUDGMENT OF THE COURT DELIVERED BY TIPPING J

1. This appeal is allowed for reasons to be given later.  The conviction for burglary is set aside and we order a retrial. 

2. In relation to the direction which the Judge should give on the retrial, if such becomes necessary, counsel are to file written submissions on the point of principle discussed this morning.  The Crown is to file its written submissions within 14 days of today’s date, and Mrs Ablett Kerr will file her submissions within 14 days of receipt of the Crown’s submissions.

Solicitors
McKinnon Aitken Martin, Dunedin, for Appellant
Crown Law Office, Wellington