New Zealand Case Law: Decisions & Judgments | LexChat

Topic

False complaint

Legal area

Court

7 Sept 2020

ALMARZOUQI v NEW ZEALAND POLICE [2020] NZCA 398

Citation

[2020] NZCA 398
Court

Court of Appeal

Leave to bring a second appeal is declined because the statutory threshold in s 237(2) is not met: the issues raised were factual and confined to this case, the argument about higher maximum penalties lacks weight because seriousness depends on actual offending, there was no cogent fresh evidence of stigma in New Zealand, and the risk of deportation did not establish a miscarriage of justice warranting leave.
8 Apr 2020

ALMARZOUQI v NEW ZEALAND POLICE [2020] NZHC 734

Citation

[2020] NZHC 734
Court

High Court

The High Court held the District Court did not err: on the facts the false complaint was more serious than the single protection order breach because it was knowingly made to divert attention and had potential serious effects; the District Court properly weighed direct and indirect consequences (including immigration/deportation risk and cultural consequences largely tied to return to the UAE) and correctly concluded those consequences were not out of all proportion to the gravity of the offence, so refusal to discharge without conviction was upheld.