The Queen v MacKay

In the case of the Crown versus Anthony Shane MacKay, the appellant was found guilty by a jury of possession of cannabis for sale. He was sentenced to 2 years and 4 months imprisonment and ordered to pay $6,000 in costs by Judge M A Crosbie. The appeal against the latter order was brought before the Court of Appeal of New Zealand. The main legal issue was whether the order for the appellant to pay the costs was appropriate, considering that the Crown had accepted it was not an appropriate case for such an award. The Court of Appeal agreed with the Crown and quashed the order for payment of costs.

The Court of Appeal examined the circumstances of the case, including the evidence presented at the trial and sentencing. The police had found 146 grams of cannabis, with a value of $2,800, and $6,000 in cash in various denominations at the appellant's residence. The appellant denied that the cannabis was for sale, but the jury did not accept his evidence. The Court of Appeal noted that the appellant had not deliberately prolonged the proceedings or committed any misconduct during the trial, and therefore, the award of costs was not justified.

The Court of Appeal also considered the Crown's request for an extension of time to appeal against the District Court Judge's refusal to grant a forfeiture order under the Misuse of Drugs Act 1975. However, the Court rejected the Crown's submission, as the appellant had not been given the opportunity to give or call evidence relevant to his intentions with respect to the $6,000. Furthermore, the delay of 35 days without a justifiable excuse led the Court to refuse an extension of time for the Crown to bring this appeal.