Trevor John Momo Wilson v The Queen

[2015] NZSC 71

IN THE SUPREME COURT OF NEW ZEALAND

SC 4/2015
[2015] NZSC 71

BETWEEN	TREVOR JOHN MOMO WILSON Applicant
AND	THE QUEEN Respondent

Court:	Elias CJ, William Young and Arnold JJ
Counsel:	K H Cook for Applicant M J Lillico for Respondent
Judgment:	26 May 2015

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted.

BThe approved questions are:

(a)Was R v Antonievic [2013] NZCA 483, [2013] 3 NZLR 806 correctly decided? And, if not

(b)Does this warrant the quashing of the convictions?

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REASONS

1. There is an issue whether there is a decision of the Court of Appeal under s 383 of the Crimes Act 1961 as to conviction against which an appeal to this Court could lie.  If not, there is no jurisdiction for an appeal to this Court from the Court of Appeal, but there would be jurisdiction to entertain a direct appeal from the High Court.

2. In those circumstances we will not require argument as to jurisdiction.

Solicitors:
Crown Law Office, Wellington for Respondent