20 Nov 2019
MATCHES v POLICE [2019] NZHC 3029
- Citation
- [2019] NZHC 3029
- Court
- High Court
The appeal is dismissed because the trial judge did not err: disclosures were adequate and no apparent or actual bias was established; evidence (sudden close physical positioning, loud threatening words including that 'they' would come to the judge's home, appellant's demeanour and size) supported a finding of intent or subjective recklessness under s 21; the reaction of the complainant and appellant's conduct were properly considered; freedom of expression does not excuse intentional intimidation; no collusion was shown, so no miscarriage of justice occurred.
- Intimidation (summary offences act s 21)
- Appeal against conviction
- Apparent and actual bias
- Mens rea and subjective recklessness
- Freedom of expression defence
- Allegations of collusion