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Henderson v Attorney-General - [2024] 2 NZLR 399

$30.00

Court of Appeal Wellington
CA239/2022
30 November 2023; 12 February 2024
Courtney, Katz and Wylie JJ
Bill of Rights Act — Right to a fair and public hearing by an independent and impartial court in relation to the determination of a charge — Right to a jury trial for those charged with a qualifying offence — Whether these rights are engaged when a prosecution has been stayed — New Zealand Bill of Rights Act 1990 ss 24(e) and 25(a).
Criminal practice and procedure — Prosecution — Stay of proceedings — Whether the Solicitor-General’s decision to issue a stay of proceedings is amenable to review — Standard of review — Mandatory relevant considerations in deciding whether to issue a stay — Whether the interests of the affected defendant are a mandatory relevant consideration — Criminal Procedure Act 2011 s 176.
Judicial review — Prosecution — Stay of Proceedings — Whether the Solicitor-General’s decision to issue a stay of proceedings is amenable to review — Standard of review — Mandatory relevant considerations in deciding whether to issue a stay — Whether the interests of the affected defendant are a mandatory relevant consideration — Criminal Procedure Act 2011 s 176.

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