5 May 2021
ALLEN v THE NEW ZEALAND POLICE [2021] NZHC 981
- Citation
- [2021] NZHC 981
- Court
- High Court
The High Court found the District Court judge did not make a material error: objectively the assault was serious in the COVID-19 context and given the victim's compromised immune system, and after accounting for mitigation the gravity was assessed as moderate; the appellant failed to prove the direct or indirect consequences (loss of Dutch citizenship/passport or significant mental health or employment impacts) were shown to be out of all proportion to that gravity; accordingly the appeal was dismissed, leave to lodge out of time was granted, and suppression of the victim's identity ordered.