29 Jun 2017
MITCHELL v POLICE [2017] NZHC 1469
- Citation
- [2017] NZHC 1469
- Court
- High Court
The arrest was lawful because the arresting officer had reasonable grounds to suspect breach of a protection order and was not aware of any prior arbitrary detention; the evidence (including CCTV) supported that Ms Mitchell intentionally applied force to a constable and while an initial startled reaction might be excusable, her conduct became disproportionate once the perceived threat dissipated; substitution of the charge under s143 Criminal Procedure Act 2011 was proper and caused no prejudice, therefore the conviction and discharge were properly affirmed and the appeal dismissed.