R v Newton [2017] NZDC 23061

Published 10 May 2018

Application for leave to withdraw charges — application for charges to be dismissed — Criminal Procedure Act 2011, ss 146 & 147. The prosecution sought to have charges against the two defendants withdrawn following the Court's ruling that the proceedings were not to be adjourned. The complainant was not present at court to give evidence, and the prosecution did not seek a warrant to arrest him or require him to give evidence as it would "re-victimise him". As the crown had only sought to lead the evidence of the complainant, it was no longer able to offer any evidence. The court accepted the submissions of the defence that the inability of the prosecution to lead evidence meant that the charges should be dismissed rather than withdrawn. The charges against both defendants were accordingly dismissed. Judgment Date: 10 October 2017.