Anderson v R - [2016] 2 NZLR 321

Criminal practice and procedure — Appeals to the Court of Appeal — Whether jurisdiction to hear appeal relating to decision not to grant leave to appeal to change election for trial by judge alone — Whether first appeal had been determined — Whether ability to remedy any error after trial — Character of election decision — “Relate to” — “Determination” — Criminal Procedure Act 2011, ss 51, 213, 296, 300 and 303.

Criminal practice and procedure — Appeals to the Court of Appeal — Election of trial by jury — Whether appeal raised question of law — Whether application to make late election made after judge-alone trial commenced — Whether any change in circumstances might affect decision to elect trial by jury — Criminal Procedure Act 2011, ss 51 and 296.