Attorney-General of New Zealand v Fitzgerald - [2024] 3 NZLR 817

Bill of Rights Act — Prosecutor’s decision to charge leading to conviction and imprisonment — Compensation — Presumption in favour of prosecution where contravention of criminal law — Inherently serious sexual offence — Guidelines do not require no prosecution — Prosecutorial discretion not required to proffer a charge of indecent assault because of three strikes sentence — Sentencing function of Judge — International Covenant on Civil and Political Rights art 9(5)