RB v The Queen - SC 50/2009

Summary

Criminal – Wounding with intent to injure – Whether a defence of consent available - Whether the Court of Appeal erred in ordering a retrial after quashing the appellant’s convictions, given the factual findings made by the District Court Judge – Whether a retrial would result in a substantial miscarriage of justice, having regard to events which have occurred after the Court of Appeal judgment[2009] NZCA  186  CA 733/2008   15 May 2008

Result

Notice of Abandonment of Appeal being lodged, the application is deemed to be dismissed. 7 July 2009