18 Dec 2023
LI v POLICE [2023] NZHC 3729
- Citation
- [2023] NZHC 3729
- Court
- High Court
The Court held that although the offending was at the lower to moderate end of the indecent assault scale once mitigation was considered, the exposure to liability for deportation was speculative and not of such immediacy or severity in this factual context (no present family upheaval, opportunity for immigration scrutiny and ministerial discretion) that it was out of all proportion to the gravity of the offending; accordingly the refusal to grant a discharge without conviction was upheld.
- Discharge without conviction
- Indecent assault
- Deportation liability
- Sentencing act s106 and s107
- Immigration act 2009 s161 and s172