30 Oct 2014
CT (SC 88/2013) v R [2014] NZSC 155
- Citation
- [2014] NZSC 155
- Court
- Supreme Court
The Supreme Court allowed the appeal, quashed the convictions and ordered no retrial because although the first stay refusal was correct, the second stay should have been granted in light of significant divergences in the complainant's evidence and rewriting of the indictment after decades of delay, and the s 122 warning given was inadequate to mitigate delay-related prejudice, rendering the trial unfair.