Paul Bicknell v Tauranga District Court - SC 77/2006

Summary

Criminal – appeal from decision in case stated proceeding – private prosecution by applicant for the alleged theft of dairy cattle in 1994 – whether District Court Judge erred in failing to issue warrants for the arrest of three witnesses at trial – District Court Judge found he did not have the power to issue a warrant as no Notice of Summons had been served on the witnesses under s 181(3) Summary Proceedings Act 1957 – Court staff had failed to serve notice of the hearing date on witnesses – applicant not competent to serve such a notice. CA234/05 11 September 2006

Result

The application for leave to appeal is dismissed.
8 December 2006

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