New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Alternative charges

Legal area

Court

16 Jul 2018

GRACE v R [2018] NZCA 254

Citation

[2018] NZCA 254
Court

Court of Appeal

The Court held that lesser included/alternative charges properly put to the jury under s 143 CPA and recorded in a charge list (which has no independent legal status) may be the subject of valid convictions even where the jury cannot agree on the principal charges; convictions on included charges taken in this way are not a miscarriage provided the Crown does not seek a retrial on the principal charges (in which case pursuit might constitute an abuse of process as explained in Lualua). Consequently the convictions on the alternatives stood and there was no miscarriage. Extension of time to ap…
11 Sept 2015

DELIU v THE AUCKLAND STANDARDS COMMITTEE 1 [2015] NZHC 2199

Citation

[2015] NZHC 2199
Court

High Court

Alternative charges alleging professional misconduct or personal misconduct under s7 are permissible where prosecutor identifies primary charge and there is factual uncertainty; the Tribunal and High Court do not have statutory power to order third‑party discovery absent High Court Rules authority and adequate notice/evidential foundation; therefore the strike‑out and discovery interlocutory applications were properly dismissed and the disqualification appeal abandoned/dismissed.