R v Sungsuwan

JurisdictionNew Zealand
Neutral Citation[2005] NZSC 57
Date2005
Year2005
CourtSupreme Court
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283 cases
  • Jesse-James Winter v R
    • New Zealand
    • Supreme Court
    • 13 September 2019
    ...Kingdom reflects the language in the Criminal Appeal Act 1968 (UK), s 2(1)(a). 130 See above at [80]. 131 Further, as this Court noted in R v Sungsuwan [2005] NZSC 57, [2006] 1 NZLR 730 there will be “rare cases, … where the conduct of counsel, although reasonable in the circumstances in w......
  • Nudd v R
    • Australia
    • High Court
    • 9 March 2006
    ...verdict may still be the product of a miscarriage of justice if the process through which that verdict was reached was unfair.’ 97 In Sungsuwan v The Queen139, the Supreme Court of New Zealand likewise identified a distinction between cases where errors or irregularities in the trial, occas......
  • Balfour and Balfour v R
    • New Zealand
    • Court of Appeal
    • 13 September 2013
    ...12 September 2006 at [18]; R v Collins, above n 29, at [18]; Prowse v Police HC Hamilton CRI-2011-419-65, 15 December 2011 at [33]-[35]; R v Sungsuwan [2005] NZSC 57, [2006] 1 NZLR 730 at 34 Pre-trial ruling, above n 11, at [137]. 35 At [130]-[134]. 36 AWA, s 127(5). Compare s 133(1)(e). 3......
  • Lundy v The Queen
    • United Kingdom
    • Privy Council
    • 7 October 2013
    ...or not, then it must of necessity consider the conviction unsafe" 148 This is also in accord with the approach adopted by Tipping J in R Sungsuwan [2006] 1 NZLR 730 where he said at para 110: "[110] … Ordinarily two things must be shown. First, something must have gone wrong with the trial ......
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