28 Feb 2023
MCLEAN v NEW ZEALAND POLICE [2023] NZHC 330
- Citation
- [2023] NZHC 330
- Court
- High Court
The appeal is dismissed for want of jurisdiction because s 296 of the Criminal Procedure Act 2011 does not permit a defendant to appeal a trial court's refusal to discharge under s 147 in the ordinary course; prior Court of Appeal authority (D and Rowell) establishes that only a granted discharge or stay is a 'determination' that gives rise to such an appeal, and the present refusals did not determine the proceeding.