23 Aug 2019
STEWART v NEW ZEALAND POLICE [2019] NZHC 2086
- Citation
- [2019] NZHC 2086
- Court
- High Court
The Court held that substitution of an otherwise time‑barred charge is impermissible where the substituted charge is materially broader and changes the substance of the offence such that it circumvents statutory limitation periods and prejudices the defendant; here the dangerous driving charge was time‑barred, broader than the original common assault charge, and therefore a nullity and could not proceed.