4 Dec 2019
MARCUS SHANE SOLOMON v R [2019] NZCA 616
- Citation
- [2019] NZCA 616
- Court
- Court of Appeal
The Court held that although s 322 applies where offences were committed when the accused was a young person, on the facts the delay was not unduly protracted and there was no unnecessary delay by authorities, so the discretion to dismiss under s 322 did not arise; even if it had, the seriousness, persistence of offending into adulthood, multiple complainants and nature of offences justified refusing to dismiss; no miscarriage arose from not recalling a witness and no breach of s 92 occurred because the defence witness had been afforded the opportunity to address contradictions and the Crown…