New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Duplicity of charges

Legal area

Court

10 Jun 2020

TUPARA v NEW ZEALAND POLICE [2020] NZHC 1281

Citation

[2020] NZHC 1281
Court

High Court

The appeal court lacks jurisdiction under CPA s296 to hear an appeal from a trial judge's refusal to stay or dismiss charges because s296(3)(b) applies only to determinations where a dismissal or stay has been granted; alternatively, even if jurisdiction existed, substitution of more serious Crimes Act charges after a review did not amount to abuse of process because the conduct was not egregious, the charges were not identical or duplicative in a materially prejudicial way, and no material unfairness to the defendant was shown.
29 May 2018

MORAHAN v WELLINGTON STANDARDS COMMITTEE 2 [2018] NZHC 1229

Citation

[2018] NZHC 1229
Court

High Court

Tribunal correctly limited its disciplinary findings to post-1 August 2002 conduct while using pre-2002 events as context; it permissibly treated the allegations as a course-of-conduct charge and, on the proved post-2002 particulars, found breaches of rr 1.05 and 1.07 and of rules governing conduct as officer of the court and discovery (rr 13.1, 13.5, 13.9); those breaches amounted to negligence/incompetence reflecting on fitness to practice and justified a four-month suspension and costs within the Tribunal's discretion; omissions in explicit articulation of every particular did not invalida…