Matthew John Birchler v New Zealand Police - SC 116/2009

Summary

Criminal – appeal directly from the High Court under s 144A(1)(a) of the Summary Proceedings Act 1957 – intended appeal against the determination of the High Court by way of case stated under s 107 of the Summary Proceedings Act – whether direct appeal to the Supreme Court appropriate given that the Court of Appeal has previously refused leave to appeal on this point on the basis that there were no grounds for challenge to the well established interpretation of s 108 of the Summary Proceedings Act in Davis v Mingins (HC, Rot, AP 48/91, 30/10/91, Fisher J). CRI 2009 485 83  25 November 2009

Result

Application for leave to appeal granted.

18 March 2010

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Appeal allowed. Order made in the High Court remitting the matter for consideration in the District Court is quashed.

Reasons to be given later.

Related Documents

Additional Information

11 August 2010