New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Adult assault in family relationship
  • 4 Oct 2022

    MUATABU v NEW ZEALAND POLICE [2022] NZHC 2535

    Citation
    [2022] NZHC 2535
    Court
    High Court

    The High Court held the District Court erred in law by failing to find that the direct and indirect consequences of a conviction (notably real and appreciable risks to future public service employment given the appellant's age, lack of convictions, and demonstrated rehabilitation) were out of all proportion to the low‑level gravity of the offending; accordingly the appeal was allowed and the appellant discharged without conviction.

    • Discharge without conviction
    • Sentencing act 2002 s106 and s107
    • Adult assault in family relationship
    • Rehabilitation and mitigation
    • Employment consequences of conviction