Moncello David Shirley  v The Queen - SC 101/2009

Criminal appeal – convictions for wounding with intent, aggravated burglary and possession of a knife – whether the Court of Appeal erred in rejecting the possibility of self-defence and provocation – whether the Court of Appeal gave insufficient weight to supplementary reports which indicated that certain of the appellant’s characteristics should have been seen as mitigating factors in sentencing – whether the Court of Appeal erred in failing to consider the possible application of section 9 of the New Zealand Bill of Rights Act 1990, given the applicant’s history and experiences in prison.[2009] NZCA 509   CA  57/2009 23 October  2009