New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Dismissal of charges

Legal area

Court

26 Oct 2021

R v FAWCETT [2021] NZHC 2858

Citation

[2021] NZHC 2858
Court

High Court

The court dismissed the charge under s147 Criminal Procedure Act 2011 because the delay and circumstances warranted dismissal to provide the defendant with certainty; the Crown's application to withdraw under s146 was declined.
11 Feb 2009

LEAUNOA V THE DISTRICT COURT AT MANUKAU AND ANOR HC AK CIV 2008-404-2611

Citation

openlaw-fcaeb068_8ef9_41fb_aea3_9a39bc6e79d1.pdf
Court

High Court

The High Court held that Judge Harvey had no jurisdiction to dismiss the informations for want of prosecution because s 62 of the Summary Proceedings Act 1957 permits dismissal only when the informant fails to appear at the hearing, and the informant was represented at the hearing; accordingly the dismissal was ultra vires and a declaration to that effect was granted.