27 Sept 2022
FITZGERALD v ATTORNEY-GENERAL OF NZ [2022] NZHC 2465
- Citation
- (2022) 13 HRNZ 704
- Court
- High Court
Crown prosecutors are state actors obliged under the Prosecution Guidelines and Criminal Procedure Act to consider s9 NZBORA when charging stage three offences; the Crown prosecutor failed to consider s9 here, that omission foreseeably led to a grossly disproportionate sentence and arbitrary detention from 5 March 2018 to 29 October 2021; declaratory theory and judicial sentencing do not absolve the Crown of liability; damages of NZD 450,000 awarded with interest and payment to Secretary for Justice under the PVCA.