29 Nov 2017
GENGE v THE VISITING JUSTICE, CHRISTCHURCH MENʼS PRISON [2017] NZHC 2936
- Citation
- [2017] NZHC 2936
- Court
- High Court
Given the contemporaneous records and the applicant's own statements the 925 plea stood as guilty and the appeal was properly limited to sentence under s136(5); the prosecutor did not perjure herself; although exclusion from the barbecue could be punitive it did not produce double punishment because the 925 penalty was effectively subsumed by the later 1033 penalty; the adjudicator validly referred the 1033 matter under s134 and the Visiting Justice conducted a fair hearing with adequate opportunity to challenge evidence; both judicial review applications are dismissed.