The Queen v Machirus

[2009] NZCA 95

IN THE COURT OF APPEAL OF NEW ZEALAND

CA349/2008
[2009] NZCA 95

THE QUEEN

v

PETER LLOYD MACHIRUS

Hearing:23 March 2009

Court:William Young  P, Hammond and Robertson JJ

Counsel:C W J Stevenson for Appellant

T Epati for Crown

Judgment:23 March 2009 

ORAL JUDGMENT OF THE COURT

The appeal is allowed, the judgment under appeal is set aside and we declare that the provisions of s 19 of the Proceeds of Crime Act 1991 govern the discharge of the forfeiture orders and continue to be applicable.

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REASONS OF THE COURT

(Given by William Young P)

[1]       On 18 April 2008, Judge Crosbie made forfeiture orders which were premised on the appellant’s convictions on eight counts following a district court jury trial.  Those convictions were later set aside in this Court:  R v Machirus [2008] NZCA 477. Under s 19 of the Proceeds of Crime Act 1991, this served to discharge the forfeiture orders.

[2] For the avoidance of doubt as to the continuing status of the judgment under appeal, we allow the appeal and set aside the judgment, but record that the provisions of s 19 govern the discharge of the orders and continue to be applicable.

Solicitors:
Crown Law Office, Wellington