27 May 2016
POWER V AUCKLAND SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS [2016] NZCA 232
- Citation
- [2016] NZCA 232
- Court
- Court of Appeal
The application for suspension of sentence was granted because, on preliminary assessment, although the leave application did not appear particularly meritorious, the welfare of animals and the SPCA's resource concerns, combined with the SPCA's lack of opposition and the need for an early hearing, justified suspending the sentence pending determination of the leave application; the statutory power to suspend is founded on s 333(4) Criminal Procedure Act 2011.