Rangitonga v Parker - [2016] 2 NZLR 73

Criminal Practice and procedure — Double jeopardy — Pre-trial appeal — Whether plea of previous acquittal available — Whether phrase “arising from the same facts” could be interpreted as being same as previous “same offence” test — Whether phrase could be interpreted as referring to all evidence adduced at trial — Whether alleged rape and alleged assault formed part of a series of events — Whether events arose out of different incidents — Whether events involved different facts — “Arising from the same facts” — “Any other offence” — “Series of events” — Crimes Act 1961, ss 296, 358 and 381A.

Statutes — Interpretation — Codification of special pleas — New Criminal Procedure Act intended to be interpreted differently from old Crimes Act — Whether plea of previous acquittal available — Whether phrase “arising from the same facts” could be interpreted as being same as previous “same offence” test in Crimes Act — Whether phrase could be interpreted as referring to all evidence adduced at trial — “Arising from the same facts” — “Any other offence” — “Series of events” — Crimes Act 1961, ss 296, 358 and 381A.