22 Sept 2020
BUBLITZ v SOLICITOR-GENERAL (THE CROWN) [2020] NZHC 2476
- Citation
- [2020] NZHC 2476
- Court
- High Court
Application for costs under s 5 CCCA dismissed because (1) the applicant was convicted of substantial theft offences forming a significant part of the Crown case, making an award inconsistent with those guilty verdicts; (2) no reparation was ordered and an award would amount to double recovery by the applicant while the Crown sustained an unrepaired loss; and (3) sentencing discounts expressly recognised financial prejudice and delay, thereby already taking the applicant's costs into account in the exercise of sentencing discretion.