S v R - [2020] 3 NZLR 205

Criminal law — Costs — Costs of defence — Dismissal of manslaughter charge — Procedural defects — Delays by police and Crown in pre-trial process — Breaching disclosure obligations — Delay in disclosing documents — Obligations on Crown in presenting case — Presentation of evidence — “Prosecutors fallacy” — Evidence not put before jury by Crown — Competing propositions explaining the death — Probability of alternative explanation — Witnesses not called central to the unfolding of the narrative — Witness and Interpreters Fees Regulations 1974.

Criminal practice and procedure — Procedural defect — Material non-disclosure of evidence by Crown — significant — (NZ) Criminal Disclosure Act 2008 ss 13(1), 13(2), 13(3).