MONTAPERTO v R [2021] NZCA 126
The Court concluded the convictions were unsafe and quashed them and exercised its discretion not to order a new trial.
Source-derived case information.
- Citation
- [2021] NZCA 126
- Parties
- Appellant: WAYNE GARY MONTAPERTO; Respondent: THE QUEEN
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 20 April 2021
- Procedural Posture
- Criminal Appeal / Appeal to Court of Appeal (judgment)
- Outcome
- Appeal allowed; convictions quashed; no order for a new trial
- Legal Topics
- Safety of Conviction, Quashing Convictions, Order for New Trial
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
WAYNE GARY MONTAPERTO
Appellant
THE QUEEN
Respondent
Procedural Posture
Criminal Appeal / Appeal to Court of Appeal (judgment)
Legal Issues
- 1 Whether the convictions were safe and should be quashed
- 2 Whether a new trial should be ordered
Ratio Decidendi
The Court concluded the convictions were unsafe and quashed them and exercised its discretion not to order a new trial.
Court Disposition
Appeal allowed; convictions quashed; no order for a new trial
Orders
- The appeal is allowed.
- The convictions appealed are quashed.
Full Case Text
Judgment text and source record
1 paragraphs
MONTAPERTO v R [2021] NZCA 126 [20 April 2021]NOTE: PUBLICATION OF ANY INFORMATION THAT IDENTIFIES, ORTHAT MAY LEAD TO THE IDENTIFICATION OF, JURORS ISPROHIBITED BY S 32B(1) OF THE JURIES ACT 1981.IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA656/2018[2021] NZCA 126BETWEEN WAYNE GARY MONTAPERTOAppellantAND THE QUEENRespondentHearing: 20 April 2021Court: Kós P, Miller and Courtney JJCounsel: R M Mansfield for AppellantS K Barr for RespondentJ-A Kincade QC, counsel assistingJudgment: 20 April 2021 at 12.20 pmJUDGMENT OF THE COURTA The appeal is allowed.B The convictions appealed are quashed.C No order for a new trial is made.____________________________________________________________________REASONS OF THE COURT(To follow)Solicitors:Crown Law Office, Wellington for Respondent