7 Jun 2022
TOBIN v R [2022] NZCA 226
- Citation
- [2022] NZCA 226
- Court
- Court of Appeal
Section 230(2) of the Criminal Procedure Act 2011 treats a withdrawn election of trial by jury as if no election had been made and, having been amended by Parliament to reverse Jackson v R, means the High Court, not the Court of Appeal, is the first appeal court for this appeal; therefore the Court of Appeal lacks jurisdiction and must dismiss the appeal.