Shane Charles Wenzel v The Queen - SC 38/2009
Summary
Criminal – Appeal against decision of District Court Judge ordering trial by Judge alone under s 361D of the Crimes Act 1961 – Whether the incorporation into s 361D(3)(b) of an accused’s right to trial by jury requires an assessment of the weight of an accused’s right to jury trial in the circumstances of the case and the potential length of any sentence that might be imposed on conviction – Whether the s 361D limit on an accused’s right to jury trial can be demonstratively justified under s 5 of the New Zealand Bill of Rights Act 1990. [2009] NZCA 130 CA 31/2009 8 April 2009
Result
Application for leave to appeal dismissed. 9 June 2009
Related Documents
Leave judgment - leave dismissed — WENZEL V R SC 38/2009 9 June 2009 (PDF 14 KB)