High Court Wellington
14, 22 December 1995
Goddard J
14, 22 December 1995
Goddard J
Judicial review — Jurisdiction — Whether Court in its civil jurisdiction entitled to review order for committal for trial — Whether Court in its civil jurisdiction should exercise its discretion to review a committal when a procedure is available in the criminal jurisdiction — Observations as to nature of committal procedure — Crimes Act 1961, ss 229A, 272 and 347 — Summary Proceedings Act 1957, ss 167 and 168 — New Zealand Bill of Rights Act 1990, s 25(b).
Criminal practice and procedure — Jurisdiction — Whether, if jurisdiction, discretion to order review should be exercised in applicant's favour — Whether preferable for applicant to apply for discharge under s 347 of the Crimes Act 1961 — Observations as to nature of committal order — Crimes Act 1961, ss 229A, 272 and 347 — Summary Proceedings Act 1957 ss 167 and 168 — New Zealand Bill of Rights Act 1990, s 25(b).
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