21 Nov 2017
MAANGI v R [2017] NZCA 534
- Citation
- [2017] NZCA 534
- Court
- Court of Appeal
Prior to a determination under s13(1) in a pre‑trial s10 involvement hearing a judge retains jurisdiction to grant leave under s146(1) Criminal Procedure Act 2011 to allow the prosecutor to withdraw charges; because the judge had not yet made a s13(1) determination the judge was not obliged to decline consideration of a withdrawal application or to decide the s9 issue on the existing materials.