14 Jul 2016
MITCHELL v R [2016] NZCA 331
- Citation
- [2016] NZCA 331
- Court
- Court of Appeal
The Crown's application to recall was dismissed because the Court concluded this was not an exceptional case warranting recall: the District Court is the appropriate forum to consider special release conditions under s94, an application is already before the District Court, factual developments (alleged new offending, bail conditions and residence arrangements) complicate the matter, and preserving appeal rights militates against recall.
- Recall of judgment
- Special conditions on release
- Variation of release conditions under s94 sentencing act 2002
- Inherent powers of appellate court
- Preservation of appeal rights