5 Aug 2021
GORGUS v R [2021] NZCA 367
- Citation
- [2021] NZCA 367
- Court
- Court of Appeal
The Court held the arrest on reasonable suspicion was lawful and the subsequent searches and seizure were admissible (or properly admitted after s 30 balancing); the Crown validly amended the burglary charge to receiving; the appellant failed to prove the pre‑trial ruling was erroneous or that it left him with no lawful option but to plead guilty under the Le Page test; accordingly no miscarriage of justice was established and the appeal failed.