4 Nov 2021
R v FAWCETT [2021] NZHC 2969
- Citation
- [2021] NZHC 2969
- Court
- High Court
With the defendant's key interview evidence excluded under s28 the Crown no longer met the evidential test to proceed; there was no realistic prospect of timely additional evidence implicating the defendant in a way that would justify leaving the charge withdrawn under s146, and the defendant's prolonged and prejudicial experience (including intellectual disability and extensive restrictive custody/bail) and rights to finality and trial without undue delay required dismissal under s147 while preserving the Crown's statutory route under s154 for any new and compelling evidence.