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Volume No - 12     Issue No - 1

An extremely important element of that broader context is that the High Court judge will determine the question before the Court in circumstances where any error they may make can be corrected. In other words, the High Court does not have the last word when exercising first instance jurisdiction in relation to New Zealand offending. It is not a strained or unnatural construction to suggest that these matters too form part of the manner in which the High Court exercises its first instance criminal jurisdiction. Thus on this interpretation, s 155(1) imports not just the jurisdiction and infrastructure for trial and sentence, but the associated appeal infrastructure in Part 6 too. This would mean the Court of Appeal has jurisdiction to hear and determine an appeal from a decision of the High Court exercising the jurisdiction provided by s 155.

Judgement as it is


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