25 Jul 2023
POWLEY v NZ POLICE [2023] NZHC 1943
- Citation
- [2023] NZHC 1943
- Court
- High Court
The trial judge erred by amending the basis and particulars of the charge without giving defence counsel an opportunity to be heard; s136 did not apply because the amendment altered the basis of liability rather than substituting an offence to fit proved variance; the amendment misled and prejudiced the defence by removing the necessity to prove party knowledge and thereby caused a miscarriage of justice which requires quashing the conviction.