LOWENSTEIN v R [2020] NZCA 25
The Court dismissed the appeal for want of jurisdiction because the High Court, not the Court of Appeal, is the first appeal court for this matter.
Source-derived case information.
- Citation
- [2020] NZCA 25
- Parties
- Appellant: Jacob Lowenstein; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 21 February 2020
- Procedural Posture
- Criminal Appeal / Appeal to Court of Appeal (determination on Papers)
- Outcome
- Appeal dismissed for want of jurisdiction
- Legal Topics
- Jurisdiction, Appealability, Procedural Law
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Lowenstein
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Appeal to Court of Appeal (determination on Papers)
Legal Issues
- 1 Whether the Court of Appeal had jurisdiction to hear the appeal
- 2 Whether the High Court is the first appeal court for this matter
Ratio Decidendi
The Court dismissed the appeal for want of jurisdiction because the High Court, not the Court of Appeal, is the first appeal court for this matter.
Court Disposition
Appeal dismissed for want of jurisdiction
Orders
- The appeal is dismissed for want of jurisdiction.
- The High Court is the first appeal court for this appeal.
Full Case Text
Judgment text and source record
1 paragraphs
LOWENSTEIN v R [2020] NZCA 25 [21 February 2020]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA363/2019[2020] NZCA 25BETWEEN JACOB LOWENSTEINAppellantAND THE QUEENRespondentCourt: French, Miller and Gilbert JJCounsel: J Lucas for AppellantB F Fenton for RespondentJudgment:(On the papers)21 February 2020 at 3.30 pmJUDGMENT OF THE COURTThe appeal is dismissed for want of jurisdiction. The High Court is the firstappeal court for this appeal.____________________________________________________________________[Reasons to follow]Solicitors:Crown Law Office, Wellington for Respondent