Wan Lee Chow v The Queen - SC 126/2013

Criminal Appeal – Crimes Act 1961, s 385; New Zealand Bill of Rights Act 1990, ss 9, 24(g) and 25(a); Sentencing Act 2002, s 104 – Whether the trial was unfair because disclosed documents were not translated and no special measures were taken during the trial to accommodate the appellant’ s intellectual difficulties – Whether the appellant’s sentence should have been discounted on the basis of intellectual impairment, age and hardship due to isolation resulting from communication difficulties – Whether intellectual impairment, age and hardship due to isolation resulting from communication difficulties should have led to a finding that the application of s 104 of the Sentencing Act was manifestly unjust – Whether the length of the sentence imposed amounted to disproportionately severe punishment in breach of s 9 of the New Zealand Bill of Rights Act.[2013] NZCA 360   CA 695/2011