ALEX KWONG WONG v R SC 53/2007 [18 April 2008]

IN THE SUPREME COURT OF NEW ZEALAND
SC 53/2007
[2008] NZSC 29

ALEX KWONG WONG
v
THE QUEEN

Hearing: 14 April 2008

Court: Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ
Counsel: F C Deliu and E Orlov for Appellant
A Markham for Crown

Judgment: 18 April 2008

JUDGMENT OF THE COURT

A The appeal is allowed and the convictions are quashed.
B A re-trial is ordered.

REASONS
(Given by Blanchard )

[1] At the end of the hearing the Court announced that the appeal would be allowed and a re-trial ordered, with reasons to follow. These are the reasons of the Court.

[2] The single issue on the appeal is whether at the trial of Mr Wong, who has been found guilty by a jury on charges of drug dealing and money laundering, “exceptional circumstances” existed in terms of s 374(4A) of the Crimes Act 1961 entitling the Court to proceed with 10 jurors when the defence did not consent to that course.

See... Full judgment: SC_53_2007_Wong_v_R.pdf