Zhang v The Queen

[2004] NZCA 78

IN THE COURT OF APPEAL OF NEW ZEALAND

CA52/04

THE QUEEN

v

YUAN DA ZHANG

CA53/04

THE QUEEN

v

HUI HONG ZHANG

Hearing:26 May 2004

Coram:Anderson P
Chambers J
O'Regan J

Appearances:  C B Cato for Appellant

J C Pike for Crown

Judgment:26 May 2004 

JUDGMENT OF THE COURT DELIVERED BY ANDERSON P

[1]       This is another appeal against conviction in the wake of this Court’s decision in R v Armstrong CA194/03 15 September 2003.  As in previous cases, the appellants were convicted of offences against s233(1)(b) of the Fisheries Act 1996 and, for the same reasons indicated in R v Armstrong, their appeals must be allowed.

[2]       A jurisdictional issue arises having regard to the timing of the entry of convictions in the prosecution process.  The appeals should in fact have been made to the High Court.  Given the essentially pro forma nature of the appeals and the inevitability of success, we constitute ourselves a Full Bench of the High Court and in that capacity allow the appeals by quashing the convictions and sentences.

Solicitors:
Jones Fee, Auckland for Appellant
Crown Law Office, Wellington