Taylor v R [2013] NZCA 27 (21 February 2013)

Last Updated: 27 February 2013

IN THE COURT OF APPEAL OF NEW ZEALAND

CA517/2012 [2013] NZCA 27

BETWEEN DEREK JOHN TAYLOR Appellant

AND THE QUEEN Respondent

Hearing: 21 February 2013

Court: Arnold, Simon France and Dobson JJ

Counsel: R G R Eagles for Appellant P K Feltham for Respondent

Judgment: 21 February 2013 at 4 pm

JUDGMENT OF THE COURT

1. In relation to the two questions posed by the High Court:

(a) We answer question one “yes”;

(b) We are not required to answer question two.

2. Accordingly we allow the appeal. We quash the appellant’s convictions and sentence and remit the matter to the District Court so that the appellant has the opportunity to re-plead.

100. Any issues in relation to bail are to be dealt with in the District Court.

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[Reasons to follow]

Solicitors:
Crown Law Office, Wellington for Respondent