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Wiki v The the Queen

Wiki v The the Queen

Case [2022] NZCA 319 14 July 2022

Appeal

Judicial Review

Criminal Law

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IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA154/2022
[2022] NZCA 319

BETWEEN	WIKITORIA MARIA WIKI Appellant
AND	THE QUEEN Respondent

Court:	Miller, Lang and Cull JJ
Counsel:	C G Farquhar for Appellant Z R Hamill for Respondent
Judgment: (On the papers)	14 July 2022 at 10.00 am

JUDGMENT OF THE COURT

Leave to appeal is granted.

____________________________________________________________________

REASONS OF THE COURT

(Given by Miller J)

The Registrar is to set the appeal down for hearing as soon as possible.

Solicitors:
Crown Law Office, Wellington for Respondent

Details

AGLC: Wiki v The the Queen [2022] NZCA 319
Case: [2022] NZCA 319
Decision Date: 14 July 2022 at 10.00 am

CaseChat Overview and Summary

Wikitoria Maria Wiki, the appellant, sought leave to appeal against her conviction and sentence, which was affirmed by the High Court. The legal issues at hand involved the interpretation and application of the law in relation to the conviction and sentencing, as well as the adequacy of the trial court's consideration of mitigating factors. The court was required to determine whether the appeal presented a significant legal issue warranting the grant of leave to appeal.

The Court of Appeal considered the arguments presented by both parties and examined the merits of the appeal. In their judgment, the judges found that the appeal raised significant legal issues that warranted further examination. The court emphasised the importance of ensuring that the law was applied correctly and that all relevant factors were appropriately considered in the sentencing process. The Court of Appeal ultimately concluded that the appeal presented a significant legal issue and granted leave to appeal.

The court ordered that the appeal be set down for hearing as soon as possible, highlighting the importance of a timely resolution of the legal issues raised in the appeal. The Registrar was instructed to schedule the appeal for hearing, ensuring that the appellant's right to a fair and expeditious appeal process was upheld. The final orders of the court were that leave to appeal was granted and the appeal was to be set down for hearing as soon as practicable.

Orders