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Taylor v R - [2019] 2 NZLR 38


Court of Appeal Wellington
CA169/2018; [2018] NZCA 498
6 September; 14 November 2018
Kós P, Clifford and Williams JJ
Criminal practice and procedure — Leave to appeal out of time — Effect of change in judicial interpretation after conviction — Application of declaratory principle of common law to criminal appeals — Balance between principles of finality and justice — Litigant 20 years old when abducted and raped woman — Convicted and sentenced to preventive detention — Did not appeal — Eight years after appeal period expired Supreme Court held qualifying age for preventive detention was 21 years at date of offending — Non-exercise of appeal rights meant principle of finality of judicial decisions had not been engaged — Whether substantial injustice would occur if extension of time not granted. — Criminal Justice Act 1986, s 75.

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