31 Mar 2023
R v NAPIER [2023] NZHC 707
- Citation
- [2023] NZHC 707
- Court
- High Court
The Crown's application for leave to withdraw the perjury charge under s146 was dismissed because, unlike prior authorities where withdrawal was granted due to evidential insufficiency, here the Crown could proceed but chose not to on public interest grounds; given the defendant's entitlement to finality and protection from undue delay the court refused to leave the charge hanging without bar, and reserved leave for further application by the parties.