17 Dec 2019
SHAY O’CARROLL v R [2019] NZCA 657
- Citation
- [2019] NZCA 657
- Court
- Court of Appeal
The Court of Appeal has no jurisdiction to hear appeals from High Court judgments rendered pursuant to s155(1) Cook Islands Act because no statutory right of appeal to this Court exists for proceedings commenced under that provision; further, s155(4) requires that punishment imposed by the High Court for such offences be that provided by Cook Islands law, which does not include home detention, and accordingly a NZ High Court judge sentencing under s155(1) cannot impose home detention.