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R v Bourne [2023] NZDC 4646

Published 24 October 2023

Dismissal of charges — aggravated burglary — contempt by witness — Contempt of Court Act 2019 — Criminal Procedure Act 2011, s 147. The defendant was on trial for aggravated burglary. While giving evidence in court, the complainant became abusive and physically threatened the defendant. Court security restrained the complainant and put him in custody, pending contempt of court proceedings. The Court considered it necessary to dismiss the jury, and observed that given the complainant's volatility it was unlikely that a retrial would be able to proceed in an orderly fashion. It was not worth re-scheduling the matter, given the burdens on the court system. The charge was dismissed. Judgment Date: 6 March 2023