R v AB and CD - [2022] 2 NZLR 687

Criminal practice and procedure — Applications for leave to withdraw and dismissal — Fact specific assessment — Leave to withdraw not limited to charges covered by the retrial provisions — Criminal Procedure Act 2011 ss 146, 147, 151, 152, 153, 154, 155 and 156.

Criminal practice and procedure — Applications for leave to withdraw and dismissal — No presumption in favour of dismissal — Investigation restrictions favour allowing withdrawal — Multiple offenders — Some not charged — Ongoing homicide investigation — Absence of likelihood of further evidence not sufficient to warrant dismissal — Prosecution delay in identifying insufficiency of evidence does not outweigh factors favouring dismissal.