Whiteboard for the 15 May 2008
Recent cases
Criminal law
Appeal against conviction on charges of drug dealing and money laundering - whether "exceptional circumstances" existed in terms of s374(4A) Crimes Act 1961 entitling Court to proceed with 10 jurors when defence did not consent to that course – Rajamani v R, considered
Appellant's trial was scheduled for 2 weeks, but ran substantially over time, in large part because of a number of applications to the Judge by trial counsel for accused - juror difficulties arose in the fourth week – juror was discharged on the Tuesday of that week because she had to sit examinations that day and again on the Saturday – no objection was taken by the parties – while Crown counsel was part way through a closing address which had been interrupted overnight, a second juror was verbally abused, intimidated and spat at by a man near the court – incident had no connection with appellant's trial and seemed to have been a random action by someone who had a connection with an unrelated trial in the same building – juror was very upset and Judge took compassionate step of discharging her – defence counsel then applied for whole jury to be discharged because it was contended there was a risk that its members had somehow been contaminated by this incident and its effect on the discharged juror – judge saw no such risks and, over the objections of the defence, ruled that the trial should continue with 10 jurors
HELD: s374 permits jury reduction to 11 members and, under s374(4A), in certain circumstances to 10 – s374(4A) empowered Judge to exercise a discretion to continue with 10 members, if that was considered by the Judge to be in the interests of justice, but restricted the exercise of discretion to circumstances which were exceptional – for s374(4A) to apply, the circumstances were not required to be rare, but in combination they must be distinctly out of the ordinary – administrative inconvenience was not the touchstone – there would always be significant inconvenience whenever a trial was terminated, because jurors had to be discharged – better approach was to ask whether there really was an exceptional reason for completing the particular trial, rather than beginning again before another jury
Circumstances in this case were not exceptional – 4 week length of trial was not out of the ordinary – it was not uncommon for trials to be at least of that length – a re-trial would not be of particular difficulty for Court system to accommodate – there was no real likelihood of witnesses becoming unavailable – language concerned was now quite commonly spoken in urban New Zealand so need to use an interpreter at a re-trial would not cause especial difficulty – it was not suggested that the reason why each juror was discharged could be regarded as exceptional circumstances – the substantial overrun in the length of the trial was in part the cause of the loss of jurors, but did not lead to a trial of unusual length – there could not properly be said to have been exceptional circumstances relating to appellant's trial, and accordingly it was not open to trial Judge to exercise her discretion to continue trial with 10 jurors – substantial miscarriage of justice had therefore occurred – appeal allowed – retrial ordered
Wong v R (SC 53-2007, 18 April 2008)
Notices & notes
Employment Law Bar Dinner
The Employment Committee invites you to the Employment Law Bar Dinner at the Northern Club, 19 Princes St.
Thursday 12 June 2008
6:30pm pre-dinner drinks and 7:30pm dinner.
Hon Justice Anderson retirement dinner
Auckland District Law Society and the New Zealand Bar Association are holding a dinner in honour of Hon Justice Anderson's retirement from the Supreme Court.
Friday 13 June 2008, at the Northern Club, Princes St, Auckland.
7:00pm for 7:45pm Dinner.
RAMs Boardroom Bash
Kensington Swan invites Recently Admitted Members (RAMs) to a Boardroom Bash on Wednesday 25 June 2008.
Drink & refreshments form 5:30pm until 8:00pm at 18 Viaduct Harbour Ave, Auckland.
Given the overwhelming response and success of RAMs events, numbers will be strictly limited. Please RSVP no later than Friday 20 June to Eileen Yee.
Law changes to protect entity tax-free status
The government has announced that it will amend several tax Acts to ensure that state-funded tertiary education institutions, state and state integrated schools, and certain non-resident charities do not have to register with the Charities Commission to retain their tax-exempt status.
Free Companies Office training seminar
The Ministry of Economic Development invites clients located in the wider Auckland region to attend a free training seminar in Central Auckland on Thursday 22 May 2008. The training is aimed at all clients who either regularly or periodically use MED online services, and will cover Companies Office Online Services, the Personal Property Securities Register, and Insolvency Online Services.
For further information, or to register call 0508 COMPANIES (0508 266 726).
Alan Galbraith QC appointed to Sports Tribunal
Three new appointments have been made to the Sports Tribunal.
Customs agreement with Japan signed
New Zealand and Japan have signed a Customs Mutual Recognition Arrangement to help exporters move goods more quickly and efficiently between the two countries.
Holiday protections for shift workers
Shift workers and their employers will benefit from the Holidays (Transfer of Public Holidays) Amendment Bill that will allow the transfer of public holidays.
Commerce Act change will allow SOE/CRI cooperation
A proposal to allow State Owned Enterprises (SOEs) and Crown Research Institutes (CRIs) to cooperate without breaching the Commerce Act has been announced.
2008 Parallel Importing Cabinet Paper
The 2008 parallel importing Cabinet paper recommends maintaining the 9 month ban on the parallel importation of films from their international release date, as well as the status quo for the book, sound recording and computer software industries.
Artist resale right legislation introduced
The Copyright (Artists’ Resale Right) Amendment Bill seeks to ensure a fair economic deal for artists and provide enhanced protection of their intellectual property.
Improved annual return service launched
The Companies Office introduced changes to the look and feel of the online annual return service on 13 May 2008. In response to feedback, the service has been revised to ensure that clients can complete their annual return filing obligations with ease.
Launch of the Companies Office Training Hub
Find out where and when free training and events are on offer in your region.
National mobile roaming decisions announced
The Minister has accepted the Commission’s recommendation to amend the terms of the national roaming service, but has reserved his decision relating to the Commission’s view that the service should not be subject to price regulation.
Working Holiday Scheme signed with Poland
New Zealand and Poland have established a Working Holiday Scheme to encourage young visitors to both countries..
Auditor-General's Auditing Standards
The Auditor-General’s report The Auditor-General's Auditing Standards has been presented to Parliament.
Final sitting for His Honour Judge McElrea
There will be a special sitting to mark the retirement of His Honour Judge McElrea.
Courtroom No. 7, Auckland District Court on Thursday 29 May 2008 at 4:00 pm.
All practitioners welcome.
Service for Norman Shieff
A memorial service will be held for the late Norman Shieff at Chancery Chambers on Sunday, June 1, 2008, 3:00pm - 5:00pm. All practitioners and members of the judiciary are invited to attend.
In 1989, Mr Shieff, who died last month aged 87, was instrumental in negotiating for ADLS the purchase of the landmark building which the society now occupies. One of the meeting rooms in Chancery Chambers is named after Mr Shieff in recognition of his significant contribution to ADLS.
For catering purposes, please advise of your intention to attend the memorial service to Eileen Yee.
Twenty years on from the Cartwright Report
Key figures involved in the cervical cancer inquiry will speak at a forthcoming conference marking the twentieth anniversary of the Cartwright Report. The one-day conference, "Twenty years after the Cartwright Report: What have we learned?", will be hosted by the Faculty of Law at The University of Auckland and held at the Hyatt Regency on 29 August.
1st New Zealand Bar Association International Conference
The 2008 New Zealand Bar Association Annual Conference will be held in Sydney this year, the weekend of Friday 15 and Saturday 16 August 2008. The Bar Association plans an exciting programme with input from the New South Wales Bar Association. The theme of the conference is A Global Approach to Law – Life as a Barrister in the 21st century.
Legal Research Foundation AGM and dinner
The Legal Research Foundation invites you to attend its Annual General Meeting on Wednesday 21 May 2008 at 5:30pm, Old Government House. Princes St and to hear Dr John Burrows speak on the topic "40 years as a legal academic - some reflections". This will be followed by dinner at O'Sarracino, 3 Mt Eden Rd, Eden Terrace at 7.00pm for 7.30pm.
President's breakfast
The President of the Auckland District Law Society invites members to hear from leading regulators and policy influencers of New Zealand. The breakfast sessions are aimed at delivering up to the minute legal and business information to lawyers practising in a range of disciplines.
Dates & speakers:
Wednesday 4 June - Bob Russell, CEO and Commissioner, Inland Revenue.
"In the news..."
McKenzie-Minifie, Martha. "College appeals for right to expel student". New Zealand Herald, 20 May 2008, page A1 discusses J suing by his litigation guardian v Bovaird & Anor [2007] NZAR 660
Internet sites
Legal Talk Network
Legal Talk Network (LTN) is a commercial website which produces legal-themed Internet radio programming. The goal of the site is to provide a forum for legal professional to "share ideas, news & information, resources and contacts." It is funded through advertiser sponsorships. The site contains links to programs produced by LTN. Users can listen to shows over the Internet and podcast shows for free; however, only registered users may download the shows directly from the site. The shows cover a variety of law-related topics, such as professional growth and networking, current legal issues and awareness, and topics related to specific practice areas. The "Forums" section of the website contains discussion forums, some related to specific LTN shows, others to general legal issues. All users may read and browse the discussions but only registered users may post comments. The "Legal Links" section of the site contains a small number of links to outside websites, organized by topic. The site can be searched through the search bar in its header. The "Search Shows" feature allows users to search current and archived radio shows.
(From InSITE, 10 March 2008, © 2008 Cornell Law Library)
This Whiteboard update was provided by the ADLS Library & Research Centre
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