R v Fawcett

[2021] NZHC 2858

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2012-004-5233

[2021] NZHC 2858

THE QUEEN

v

MAUHA FAWCETT

Hearing:

26 October 2021

Appearances:

M N Zarifeh and B Hawes for Crown

C W J Stevenson, K H Cook and J V Kane for Defendant

Judgment:

26 October 2021

JUDGMENT OF DUNNINGHAM J

[1]    This was a very confined issue that I heard this morning and I think it is appropriate that I give a results judgment because I know for Mr Fawcett that these timeframes have been interminable, and it is important he have some certainty as to where he stands.

[2]    I grant Mr Fawcett’s application to dismiss the charge under s 147 and I decline the Crown’s application to withdraw it under s 146 Criminal Procedure Act 2011. I will give my reasons in due course.

Solicitors:
Raymond Donnelly & Co., Christchurch

R v FAWCETT [2021] NZHC 2858 [26 October 2021]

Copy To:

C W J Stevenson, Barrister, Wellington K H Cook, Barrister, Christchurch

J V Kane, Barrister, Wellington