Leroy John Barr v New Zealand Police

CaseChat Overview and Summary

Leroy John Barr appealed against a decision of the High Court which ruled that section 4 of the Costs in Criminal Cases Act 1967 authorised the court to order him to pay the costs of obtaining a blood sample. The appellant had been convicted of driving with excess blood alcohol and was ordered to pay the costs of obtaining the blood sample. He argued that the statute did not permit such an order.

The legal issue was whether the court could order an offender to pay the costs of obtaining a blood sample. The Court considered whether section 4 of the Costs in Criminal Cases Act 1967 permitted the court to order the appellant to pay the medical costs of obtaining the blood sample. The Court held that the statutory language did not permit the order as it only referred to costs incurred in the investigation, prosecution and trial of the offence. The Court found that the costs of obtaining the blood sample were not costs of the investigation, prosecution or trial of the offence. Accordingly, the order was not authorised by the statute.

The appeal was allowed and the order was quashed. The Court concluded that the statute did not permit the court to order the appellant to pay the medical costs of obtaining the blood sample. As such, the order was quashed and the case was remitted to the High Court for rehearing.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established