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Kwong v R: Retrial Ordered
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
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