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R v Pora - [2001] 2 NZLR 37

$30.00

Court of Appeal Wellington
9 November; 20 December 2000
Elias CJ, Richardson P, Gault, Thomas, Keith, Tipping and McGrath JJ
Criminal law — Sentence — Minimum period of imprisonment — Minimum imprisonment enacted in 1993 — Specific provision for minimum imprisonment for home invasion murder enacted in 1999 — General rule that offender not liable to penalty not in force at time of offence — Whether 1999 amendment applicable to offender sentenced in 2000 for home invasion murder committed in 1992 — New Zealand Bill of Rights Act 1990, s 25(g).
Statutes — Interpretation — Inconsistency within Act — Section stating that notwithstanding any rule of law to contrary offender not liable for penalty not in force at time of offence — Later section applying penalty to offences committed before enactment — Whether later specific section overriding earlier general section — Whether statutory construction affected by fundamental rights — New Zealand Bill of Rights Act 1990, ss 6, 25(g) and 26.

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