16 Apr 2018
MARTELEY v R [2018] NZCA 92
- Citation
- [2018] NZCA 92
- Court
- Court of Appeal
The Court accepted contemporaneous legal advice and documentary evidence that the applicant's notice of abandonment was a deliberate and informed decision; the Court therefore declined leave to withdraw the abandonment because there were no exceptional circumstances or sufficient merit to justify reopening and because reopening risked prejudicing finality and the sentence appeal.