Ciara appeared at North Shore District Court for our client, BH who was charged with discharge and possession of a firearm.
The Police accepted there was insufficient evidence to obtain a conviction and sought to withdraw both charges pursuant to s 146 of the Criminal Procedure Act. This provision means the charges could be re-laid against our client in the future.
Ciara argued that BH is entitled to the uncertainty of outcome in the Court process and if the Police’s application was granted, the uncertainty of future disposition would be onerous and unjust.
Ciara convinced the Court that dismissal pursuant to s 147 was the appropriate provision, which is deemed an acquittal.