9 May 2022
MCKENZIE v R [2022] NZCA 172
- Citation
- [2022] NZCA 172
- Court
- Court of Appeal
The Court held the jury verdict was not unreasonable and the trial was not unfair, but the District Court erred in treating the defendant's election to defend as increasing culpability; the offending was of very low gravity while the collateral and personal consequences of conviction for this 66‑year‑old defendant were disproportionate, so under s106(1) Sentencing Act 2002 the conviction was quashed and the defendant discharged without conviction while leaving a $500 compensation order intact.