Christopher John Manawatu v The Queen - SC 92/2006

Criminal – applicant convicted of aggravated robbery and driving while disqualified – applicant convicted in separate proceeding of three counts of manslaughter, and one charge each of reckless driving and excess blood alcohol – no appeal against conviction or sentence – whether s 398 Crimes Act infringes ss 14, 25(a) and 25(h) New Zealand Bill of Rights Act 1990 or Articles 14(1), 19(2) and 26 of ICCPR – whether s 398 discriminates against criminal appellants, there being no equivalent provision applying to civil cases – whether Court of Appeal should have disclosed to counsel prior to the hearing that s 398(1) is in the process of being repealed - whether Court of Appeal should have made Declaration of Inconsistency of s 398 with BORA - whether undue appellate delay – whether there should be a reduction in sentence by reason of appellate delay. CA 111/05 CA 112/05 10 November 2006