Police v Borick - [1990] 2 NZLR 431

Criminal law — Practice and procedure — Indictment — Presenting indictment — Accused was discharged at preliminary hearing when District Court Judge declined to commit him for trial — Whether High Court Judge should grant written consent for presentation of an indictment against the accused charging the same offences as were dealt with at preliminary hearing — Summary Proceedings Act 1957, s 167 — Crimes Act 1961, s 345(3).

Criminal law — Offences — Theft as attorney — Accused, as attorney for elderly owner of valuable painting, purchased the painting at allegedly gross undervalue — Whether s 223 requires merely a temporal connection between the sale and the power of attorney — Crimes Act 1961, s 223.

Criminal law — Offences — False pretences — Accused, as solicitor and attorney for elderly owner of valuable painting, purchased the painting at allegedly gross undervalue — Accused was discharged at preliminary hearing — Solicitor — General applied for consent to present an indictment against the accused charging the same offences as were dealt with at preliminary hearing — Whether there was sufficient evidence of a knowingly false representation to owner with intent to defraud to warrant presentation of indictment — Crimes Act 1961, s 246(2)(a).