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Supreme Court of New Zealand Wellington
SC 76/2019
18 February; 9 July 2020
Winkelmann CJ, William Young, Glazebrook, O’Regan and Ellen France JJ
SC 76/2019
18 February; 9 July 2020
Winkelmann CJ, William Young, Glazebrook, O’Regan and Ellen France JJ
Criminal practice and procedure — Appeal — Application for leave to appeal from refusal to recall judgment — Whether jurisdiction to hear appeal — Criminal Procedure Act 2011 s 237(1).
Criminal practice and procedure — Appeal — Second appeal to same court — Whether jurisdiction to hear second appeal — Whether application to be treated as application for recall of judgment.
Criminal practice and procedure — Appeal to Supreme Court — Appeal directly from High Court — Whether available after dismissal of appeal by Court of Appeal — Senior Courts Act 2017 s 71.
Criminal practice and procedure — Recall of judgment — Criteria for recall of judgment on appeal in criminal proceeding — Whether jurisdiction to hear appeal from refusal to recall judgment — Criminal Procedure Act 2011 s 237(1).
Practice and procedure — Appeal — Second appeal to same court — Whether jurisdiction to hear second appeal — Whether application to be treated as application for recall of judgment.
Practice and procedure — Appeal to Supreme Court — Appeal directly from High Court — Whether available after dismissal of appeal by Court of Appeal — Senior Courts Act 2017 s 71.