Morgan v Ministry of Transport - [1980] 1 NZLR 432

Criminal law — Summary proceedings — Evidential deficiency in case for prosecution of a technical nature — Judge refused to allow appeal against driver's conviction under s 58C(1) of the Transport Act 1962 for refusing to permit the taking of a blood specimen but remitted the case for rehearing — Whether the Judge was entitled to direct a rehearing to allow the prosecution to remedy the deficiency in evidence — Summary Proceedings Act 1957, ss 36, 68 and 131(1).