New Zealand Case Law: Decisions & Judgments

Topic

Prosecution guidelines

Legal area

Court

15 May 2023

DELIU v ATTORNEY-GENERAL [2023] NZHC 1159

Citation

[2023] NZHC 1159
Court

High Court

The Attorney-General's transfer of the stay request to Crown Law and the Solicitor-General/Deputy Solicitor-General's exercise of Law Officer functions were lawful under ss9A and 9C of the Constitution Act 1986; the Deputy Solicitor-General lawfully applied the applicable prosecution test and Prosecution Guidelines, provided adequate reasons in context, did not take irrelevant considerations or breach natural justice/s27 NZBORA, and judicial restraint applies to review of refusal to stay; the judicial review application is dismissed.
16 May 2018

GAVIN GRAHAM JARDINE v R [2018] NZSC 47

Citation

[2018] NZSC 47
Court

Supreme Court

Extension of time to apply for leave was granted but leave to appeal was refused because the prosecution was not an abuse of process, there was no evidence of any assurance not to prosecute, the civil settlement and offer to repay did not preclude criminal prosecution (particularly where repayments were not made), and the grounds did not raise a matter of public importance or risk a miscarriage of justice.
27 Nov 2015

OSBORNE & OR v WORKSAFE NZ & OR [2015] NZHC 2991

Citation

[2015] NZHC 2991
Court

High Court

The Prosecution Decision to offer no evidence and discontinue was not amenable to judicial review in the circumstances because prosecutorial discretion attracts high restraint and the record did not establish consideration of an unlawful bargain or failure to observe mandatory considerations; the voluntary $3.41m payment was a permissible public interest factor and no binding agreement to stifle prosecution was proved; Worksafe had regard to statutory objectives including s 5(g); the applicants had no legitimate expectation of prior consultation; the District Court Judge lawfully dismissed th…

New Zealand Case Law

DELIU v ATTORNEY-GENERAL [2023] NZHC 1159

GAVIN GRAHAM JARDINE v R [2018] NZSC 47

OSBORNE & OR v WORKSAFE NZ & OR [2015] NZHC 2991