11 May 2022
WARREN v R [2022] NZCA 179
- Citation
- [2022] NZCA 179
- Court
- Court of Appeal
The application to withdraw the notice of abandonment was declined because the 2018 abandonment was a deliberate and informed decision (not a nullity) and no exceptional circumstances existed to justify withdrawal; there was no substantial prospect of miscarriage of justice on either conviction (jury directions and self‑defence direction were adequate) or sentence (preventive detention under s 87 was open given risk and lack of engagement); NZ law applies to the appellant, so leave is refused.