17 Mar 2022
R v LYTTLE [2022] NZCA 52
- Citation
- [2022] NZCA 52
- Court
- Court of Appeal
The Court upheld that repeated, serious and unjustified disclosure failures justify costs orders under s 364 CPA and, where prosecution conduct and investigative failings render a dismissal of charges appropriate, costs under the CCCA; the Court will exercise wide discretion on quantum but will intervene on appeal only for error of law, failure to consider relevant matters, consideration of irrelevant matters, or plain wrongness; liability may be imposed on the police where they controlled disclosure and Crown Solicitor liability requires direct responsibility.