16 Aug 2019
BUBLITZ v R [2019] NZCA 364
- Citation
- [2019] 3 NZLR 533
- Court
- Court of Appeal
The Court held the prosecution should not be stayed; the Mutual Crown guarantee's definition of 'control' was sufficiently certain to found a 'requirement' under s220; Crown need not prove transactions were not arm's length where pre-certification requirement was unmet; evidence proved Bublitz and McKay knowingly participated in breaches so convictions on theft charges 10–13 stand for Bublitz (except prospectus counts) and 10–12 for McKay, but evidence was insufficient against Blackwood so his convictions quashed; prospectus charges (14–15) were not materially false and convictions quashed; s…