Supreme Court of New Zealand Wellington
[2005] NZSC 36
17 June 2005
Elias CJ and Tipping J
[2005] NZSC 36
17 June 2005
Elias CJ and Tipping J
Criminal practice and procedure — Appeal — Absence of transcript of trial — Loss of counsel's notes — Whether denied right to effective appeal — Whether delay in hearing appeal ground of appeal — Whether error by counsel breach of right to effective representation — Whether evidence of miscarriage of justice — New Zealand Bill of Rights Act 1990, ss 24(f), 25(a) and (b).
Criminal practice and procedure — Delay — Whether delay in hearing appeal ground of appeal — Whether delay factor in counsel's notes going missing and Court transcript not being made — Whether miscarriage of justice — New Zealand Bill of Rights Act 1990, s 25(a) and (b).
Criminal practice and procedure — Juries — Whether Jury Rules complied with — Effect of failure to follow Jury Rules — Whether led to miscarriage of justice — Jury Rules 1990, RR 15 and 18.
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