14 Dec 2015
TREVOR JOHN MOMO WILSON v R [2015] NZSC 189
- Citation
- [2015] NZSC 189
- Court
- Supreme Court
Majority held police conduct (bogus warrant, false prosecution, approach to Chief District Court Judge) was serious misconduct but did not, on balance and in context, require a stay as an extreme remedy because misconduct primarily facilitated continued evidence gathering rather than inducing the offending; Court of Appeal's decision refusing stay was not plainly wrong; however because co-defendants had benefitted from stays and exclusions and Crown did not appeal those decisions, fairness required quashing the appellant's convictions entered after a guilty plea and ordering no retrial.