New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S364 cpa procedural failure
  • 21 Mar 2022

    M v R [2022] NZHC 529

    Citation
    [2022] NZHC 529
    Court
    High Court

    The s147 application was correctly dismissed because alleged collusion and inconsistencies were matters for the jury and did not manifestly discredit the Crown case; there was no evidence the Crown acted in bad faith so no award under the CCCA was warranted; however the police's failure to disclose the recorded telephone call was an isolated but significant procedural failure without reasonable excuse and, as sanction under s364 CPA, the police must pay $6,000 to the defendant.