R v Duval - [1995] 3 NZLR 202

Criminal practice and procedure — Trial — Plea — Fitness of accused to plead and stand trial — Right to fair trial — Disability preventing accused from effectively defending — Whether pain disabling — Whether jurisdiction to stay prosecution — Criteria applicable — Directions to secure fair trial for accused — Criminal Justice Act 1985, s 108(1) — New Zealand Bill of Rights Act 1990, ss 25(a), 25(e) and 27.

Courts — Jurisdiction — Inherent jurisdiction — Stay of criminal prosecution where justice requires — Whether accused unable to defend effectively — High Court jurisdiction to stay District Court criminal prosecution.