21 Dec 2021
SAMI v POLICE [2021] NZHC 3563
- Citation
- [2021] NZHC 3563
- Court
- High Court
The word 'propose' in s13(3)(e)-(f) of the Criminal Disclosure Act 2008 is anticipatory; a prosecutor need only disclose, at the disclosure stage, the exhibits they propose to rely on or not rely on, and is not required to definitively state that a disclosed exhibit will be produced and played at trial; where qualification of disclosure creates unfair prejudice to the defendant the proper remedies are to seek an adjournment or, in extreme cases, a stay or other relief; s30 applies where the prosecutor fails to disclose required information.