8 Mar 2023
STAIRMAND v R [2023] NZCA 46
- Citation
- [2023] NZCA 46
- Court
- Court of Appeal
The Court held the police acted in good faith and within prosecutorial discretion, the January letter was not a penalty engaging double jeopardy, any uncautioned statements would be dealt with by exclusion rather than a stay, no material prejudice to trial fairness was shown, and the abuse of process threshold was not met; accordingly the application to adduce further evidence was declined and the appeal against conviction dismissed.