R v Barlow - [1996] 2 NZLR 116

Judicial review — Criminal law — Stay of prosecution — Third trial of accused on charge of murder — Whether Solicitor-General's decision not to stay third trial subject to judicial review — Crimes Act 1961, s 378.

Criminal practice and procedure — Discharge — Third trial of accused on charge of murder — Whether disagreement by two juries ground for discharge of accused — Whether prosecution evidence so damaged no reasonable jury could properly convict — Crimes Act 1961, s 347.

Criminal practice and procedure — Inherent jurisdiction — Stay of prosecution — Unfairness to accused — Whether unfairness to accused in third trial of charge of murder

Constitutional law — New Zealand Bill of Rights Act 1990 — Right to observance of natural justice — Third trial of accused on charge of murder — Whether accused singled out in breach of expectation of no third trial — New Zealand Bill of Rights Act 1990, s 27.

Constitutional law — New Zealand Bill of Rights Act 1990 — Right to hearing by independent and impartial tribunal — Right to presumption of innocence — Third trial of accused on charge of murder — Whether right to hearing by independent tribunal if more than one hearing — Whether third trial infringing right to hearing by impartial tribunal or presumption of innocence — New Zealand Bill of Rights Act 1990, s25(a) and (c).

Constitutional law — New Zealand Bill of Rights Act 1990 — Right to trial without undue delay — Proposed third trial of accused on charge of murder — Nineteen months elapsing since arrest — Whether infringement of right to trial without delay — New Zealand Bill of Rights Act 1990, s 25(b).