Court of Appeal Wellington
7 September; 13 October 1995
Cooke P, McKay, Penlington JJ
7 September; 13 October 1995
Cooke P, McKay, Penlington JJ
Criminal practice and procedure — Indictment — Discharge — Abuse of process — Several informations heard together at preliminary hearing — Whether the Crown Solicitor can present an indictment including counts corresponding to counts on which the defendant has been discharged at the preliminary hearing — Whether it is an abuse of process to present an indictment containing counts inconsistent with the view of the facts taken by another Court on a previous conviction of the complainant — Crimes Act 1961, ss 340 and 345 — Summary Proceedings Act 1957, ss 167, 168, 180 and 182.
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