6 Jul 2007
BURGESS V FIELD HC AK CIV 2007-404-3206
- Citation
- openlaw-e4293dd4_e31b_464b_b23e_aa3f8313457f.pdf
- Court
- High Court
Leave under s103(3) requires the High Court to perform a non‑trivial screening exercise: the applicant must present evidence showing the prosecution is proper and in good faith and there are no obvious legal or evidential defects or improper motives; this standard is higher than mere reasonable suspicion but lower than the committal requirement of evidence sufficient to put the defendant on trial.