30 Nov 2021
MARTELEY v R [2021] NZCA 636
- Citation
- [2021] NZCA 636
- Court
- Court of Appeal
The Court declined both the leave to withdraw the notice of abandonment and the substituted recall application because it lacked jurisdiction to entertain a second withdrawal application in the circumstances, there was no demonstrable material error of fact or law undermining the plea or the 2018 judgment, the agreed factual basis and multiple independent legal advices established the plea and abandonment were informed, and the interests of justice did not require recall.