New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 347 discharge

Legal area

Court

25 Feb 2013

THE COMMISSIONER, THE NEW ZEALAND POLICE V ROBERT ANTHONY DALESZAK HC GIS CIV-2011-416-199

Citation

openlaw-5ae2761c_8a29_4059_b5e8_1da4e5c9e8c9.pdf
Court

High Court

The transactions described in the applications provided reasonable grounds for the Commissioner to believe the respondents could answer questions and produce documents relevant to recovery of criminal proceeds, and therefore examination orders should be made.
15 May 2009

TAYLOR V R SC 5/2009

Citation

SC 5/2009
Court

Supreme Court

Leave to appeal was dismissed because, irrespective of the correct legal characterisation of a s 347 discharge, on the facts the kidnapping and wounding were not sufficiently similar to support a plea of previous acquittal and there was no risk of miscarriage of justice, so the appeal had no prospect of success.