20 Dec 2016
MARTYN JACKSON V R [2016] NZCA 627
- Citation
- (2015) 28CRNZ 144
- Court
- Court of Appeal
An appeal against a refusal to discharge without conviction is properly characterised as an appeal against conviction and sentence, with the primary challenge being to the conviction; under the Criminal Procedure Act 2011 the original election to a jury trial controls which court is the first appeal court, so where the appellant elected a jury trial the Court of Appeal is the first appeal court even if the election was later withdrawn.