16 Sept 2016
NEW ZEALAND POLICE v THOMAS [2016] NZHC 2174
- Citation
- [2016] NZHC 2174
- Court
- High Court
The High Court held the District Court misdirected itself by requiring proof that the defendant knew the laptop would be used in the bedroom and that intimate scenes would be captured; the correct test for recklessness is appreciation or foresight of the risk that an intimate visual recording may be made. The misdirection was sufficiently material to constitute a miscarriage of justice on the acquittal, so the acquittal was quashed and a new trial ordered on the s216H charge; however, given the trial judge's factual findings the Court could not conclude as a matter of law that guilt was the o…