The Queen v Morrison

[2008] NZCA 202

IN THE COURT OF APPEAL OF NEW ZEALAND

CA213/2008
[2008] NZCA 202

THE QUEEN

v

LIONEL ALEXANDER MORRISON

Court:William Young  P, Chambers and O'Regan JJ

Counsel:B A Crowley for Appellant

S B Edwards for Crown

Judgment:2 July 2008 at 12 noon

(On the papers)

JUDGMENT OF THE COURT

The appeal is dismissed for want of jurisdiction.

____________________________________________________________________

REASONS OF THE COURT

(Given by William Young P)

[1]       This appeal was set down for hearing on 26 June 2008.  In advance of the hearing, counsel for the Crown and the appellant both agreed that the Court did not have jurisdiction to hear the appeal given that the sentence imposed was less than five years, cf s 28H(2), District Courts Act 1947.

[2]       Counsel on both sides took the view that the case should be dealt with in the High Court and, accordingly, the judges who were scheduled to hear the appeal were not invited to hear it in their capacity as High Court Judges.

[3]       Accordingly the appeal is dismissed for want of jurisdiction.

Solicitors:
Crown Law Office, Wellington