4 Apr 2022
S (CA407/2021) v R [2022] NZCA 110
- Citation
- [2022] NZCA 110
- Court
- Court of Appeal
The District Court judge lacked statutory authority to make a pretrial determination of insanity without the Crown's agreement and without independently assessing the evidence; because the Crown accepted the miscarriage and retrial was unnecessary the appropriate remedy was to allow the appeal and order that there be no retrial.