CT v The Queen - SC 88/2013
Summary
Criminal Appeal – Whether the Court of Appeal gave insufficient consideration to ss 25(a) and (f) of the New Zealand Bill of Rights Act 1990 in deciding that no miscarriage of justice had arisen because of delay – Whether the Court of Appeal erred in its assessment of the significance of the evidence unavailable to the defendant because of the time that had elapsed between the offending and the criminal proceedings. [2013] NZCA 383 CA 188/2013
Result
Leave to appeal is granted.
The ground for appeal is whether prosecution should have been stayed because of the delay between the alleged offending and the prosecution.
9 December 2013
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Appeal allowed. Conviction quashed.
No order for new trial.
30 October 2014
Additional Information
Elias CJ, McGrath, William Young, , Glazebrook, Arnold JJ.