New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Nullity of charging document

Legal area

Court

4 Nov 2022

NARAYAN v R [2022] NZCA 527

Citation

[2022] NZCA 527
Court

Court of Appeal

Absence of the Attorney-General's required consent under s18 rendered the charging document a nullity; s379 cannot validate a nullity; therefore the conviction was a miscarriage of justice and must be quashed with no retrial because there is no valid charge.
17 Sept 2020

PHILLIPS v NEW ZEALAND POLICE [2020] NZCA 425

Citation

[2020] NZCA 425
Court

Court of Appeal

Special leave to appeal was refused because the applicant failed to identify a question of law of general or public importance, failed to explain the nearly 20‑year delay, and the alleged defects in name and date of birth were not so radical as to render the information a nullity or cause a miscarriage of justice under the applicable statutory and case law.