17 Dec 2021
R v AB and CD [2021] NZHC 3524
- Citation
- [2021] NZHC 3524
- Court
- High Court
Grant leave under s146 to withdraw charges. The offence is serious (murder), there is an ongoing investigation with known uncharged co-offenders, and s153 creates significant investigatory limits if defendants obtain deemed acquittal under s147; public interest and facilitation of further investigation outweigh prejudice from pre-trial custody, so s146 leave is appropriate and s147 applications are dismissed.