Court of Appeal Wellington
7 October; 12 November 1993
Cooke P, Casey and Hardie Boys JJ
7 October; 12 November 1993
Cooke P, Casey and Hardie Boys JJ
Practice and procedure — Jurisdiction — Irregularity in compilation of jury list — Irregularity discovered after jury's verdict and discharge — Whether trial Judge subsequently had jurisdiction to adjudicate upon objections based on procedural defects — Whether Court of Appeal had exclusive jurisdiction to adjudicate — Juries Act 1981, ss 5(3), 9, 10, 13 and 33 - Jury Rules 1990 (SR 1990/226) - Crimes Act 1961, ss 347(3), 371(1) and 371(2).
Practice and procedure — Trial — Juries — Irregularity in compilation of jury list — Irregularity discovered after jury's verdict and discharge — Whether irregularity of form justified quashing verdict — Exercise of discretion.
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