Court of Appeal Wellington
10 October; 6 June 1952
Stanton J; Hay J; F B Adams J
10 October; 6 June 1952
Stanton J; Hay J; F B Adams J
Constitutional Law — Judicial Committee of Privy Council — Competency of New Zealand Legislature to enact in 1946 Provision conferring on Court of Appeal Jurisdiction to give Leave to Appeal in Criminal Matters — Enactment not Repugnant to Law of England or Void as having Extraterritorial Effect — New Zealand Constitution Act, 1852 (15 & 16 Vict c 72), s 53 — Colonial Laws Validity Act, 1865 (28 & 29 Vict c 63), ss 2, 3 — Justices of the Peace Amendment Act, 1946, s 5 — Statute of Westminster Adoption Act, 1947, s 2.
Criminal Law — Practice — Appeals to Privy Council — Criminal Matter — Power of Court of Appeal to grant Leave to Appeal — Provision in Statute conferring Jurisdiction in Criminal Cases on Court of Appeal to give Leave to Appeal to Privy Council in Proper Cases, though Criminal in Nature — Justices of the Peace Act, 1927, s 303 — Justices of the Peace Amendment Act, 1946, s 5 — Privy Council Appeals Rules, 1910 (Order in Council, January 10, 1910), R 2.
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