26 Jul 2022
BAILEY v R [2022] NZCA 335
- Citation
- [2022] NZCA 335
- Court
- Court of Appeal
Setting aside the NIA material, the appellant's intoxication, unprovoked pushing of officers and subsequent punch causing serious injury made the offending moderately serious; the appellant's youth and post-offence rehabilitation were insufficient to render the direct and indirect consequences of conviction out of all proportion to that gravity; therefore the District Court judge's refusal to discharge was upheld and the appeal dismissed, with extension of time and admission of further evidence allowed.