High Court Wellington
1 September 1995
Hammond J
1 September 1995
Hammond J
Criminal practice and procedure — Costs — Manslaughter charge — Defendant's patient died while undergoing surgery — Defendant discharged under s 347 of the Crimes Act 1961 — No causation established — Application for costs against Crown — Defendant indemnified by a non-profit medical society — Jurisdiction to award costs — Exercise of judicial discretion — Conduct of the prosecution — Public interest factor — Quantum of costs — Appropriate Crown entity to bear award of costs — Costs in Criminal Cases Act 1967, ss 2, 5, 7 and 13.
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