High Court Wellington
14 May 1990
Hillyer J
14 May 1990
Hillyer J
Criminal law — Defences — Autrefois acquit — Accused was charged with driving with excess breath-alcohol and driving while under influence of drink so as to be incapable of having proper control — Excess breath-alcohol charge was dismissed and accused pleaded autrefois acquit in respect of other charge — Whether the charges were the same in whole or in part — Whether plea of autrefois acquit could succeed — Crimes Act 1961, s 358 — Transport Act 1962, ss 58(1)(a) and 58(1)(e).
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