Palmer v Attorney-General - [1992] 3 NZLR 375

Administrative law — Judicial review — District Court — Leave granted by District Court to withdraw summary informations so that they could be laid in indictable form — Whether abuse of process — Whether unfair to accused by exposing him to higher penalty and depriving him of right to trial by Judge alone.

Criminal law — Practice and procedure — Application by police to withdraw summary informations alleging indecent assault so that further informations could be laid in indictable form — Some doubt whether video of child complainants could be shown if matter heard summarily — Application granted — Principles on which power to grant leave to withdraw informations to be exercised — Summary Proceedings Act 1957, s 36.

Criminal law — Evidence — Desirability of using video evidence — Complainants in sexual cases are children — Whether video evidence can be used where information laid summarily — Some doubt whether application could be made under s 23D of the Evidence Act 1908 where defendant had elected to be dealt with summarily — Observations as to desirability of legislative amendment — Evidence Act 1908, ss 23C, 23D and 23E.