13 Jul 2020
W (CA447/2017) v R [2020] NZCA 283
- Citation
- [2020] NZCA 283
- Court
- Court of Appeal
The Court granted recall under r 45B to correct an omission and reissued its prior judgments to record that convictions were quashed under s 233(2) Criminal Procedure Act 2011; it declined to enter an acquittal under s 233(3)(a) because that relief was not argued and because a stay (as conceded by the Crown in light of CT) is legally distinct from acquittal; the CCCA costs application was declined and trial-related costs should be determined by the trial court while appeal costs are only awarded in exceptional circumstances.