21 Jul 2020
NEW ZEALAND POLICE v BURROWS [2020] NZHC 1755
- Citation
- [2020] NZHC 1755
- Court
- High Court
The High Court held that on the facts Judge Mill was correct: Mr Burrows was not "in custody" when the s 38 report was ordered on 27 July 2017 and the CPMIP Act process initiated without jurisdiction had caused unjustifiable delay; that delay was undue and a stay of the prosecution was the appropriate remedy; the appeal was dismissed.