Butterfield v R - [1997] 3 NZLR 760

Criminal practice and procedure — Jurisdiction — Concurrent sentences imposed by District Court in respect of similar summary and indictable offences — Appeal to High Court against sentence imposed in respect of summary offence — High Court proceeding on wrong basis that appeal before it was in respect of both sentences — Appeal to Court of Appeal against dismissal of appeal by High Court — Whether High Court's dismissal of appeal a nullity — Circumstances in which decision may be set aside as a nullity — Whether order for a rehearing should be made — Summary Proceedings Act 1957, s 121(6).

Courts — Jurisdiction — Inherent jurisdiction — Whether decision a nullity — Jurisdiction to order rehearing after dismissal of criminal appeal from District Court — Circumstances in which decision may be set aside as a nullity — Grant of rehearing.