Tuhoe Lambert v The Queen - SC 42/2011
Summary
Criminal Appeal - Trial by Judge alone - whether the Court of Appeal erred in upholding the order made in the High Court under s 361D of the Crimes Act 1961 that the trial of the applicant proceed before a Judge alone[2011] NZCA 114 CA 879/2010
Result
A The application for leave to appeal is granted.
B The approved ground is whether the High Court and Court of Appeal correctly interpreted and applied s 361D of the Crimes Act 1961 in directing that the applicants be tried for the offences charged under indictment (Number CRI 2007-085-7842) before a Judge without a jury.
6 May 2011
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Appeal is deemed to be dismissed due to the death of the appellant.
Additional Information
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.