30 Jun 2022
The trial judge erred by assessing self‑defence at an earlier point and by failing to assess the circumstances through the defendant's subjective lens; those legal and factual errors materially affected the outcome and caused a miscarriage of justice, therefore the appeal is allowed and convictions quashed.
10 Sept 2021
The appeal is allowed because the trial Judge decided the case on the reasonableness of the appellant's communications rather than on the objective reasonableness of his excuse for failing to report, and the Judge's apparent acceptance of the appellant's testimony made the conviction unsafe; the conviction is therefore quashed.
27 Jul 2021
The High Court held that although the appellant had an opportunity to be heard before certification, the new sworn evidence adduced on appeal (complainant and appellant testimony) established a credible reasonable excuse related to locating their missing 12-year-old son; therefore the breach was of a minor nature and should not have been entered on the permanent court record, and the direction to record was quashed.
31 Jul 2020
The High Court held the evidence established beyond reasonable doubt that the appellant reversed into the complainant causing injury, that she heard/observed indications of an impact and a distressed person and therefore knew or ought to have known an accident occurred, and that no reasonable excuse for driving off was made out; accordingly the convictions were affirmed.
1 Jul 2019
Contact or association with persons under 16 for breach of the home detention condition is established where the defendant is consciously aware of the presence of children in circumstances giving rise to unsupervised contact; physical touching or intent to arrange contact is not required. The appellant was aware children were present, had not secured approval for a supervising adult, and did not establish a reasonable excuse, so the conviction was upheld.
18 Jun 2019
The High Court held the District Court correctly applied s122: the appellant gave no credible reasonable excuse for non-appearance, the interests of justice (including delay, police readiness and minor nature of the offence) supported proceeding in absence, the Māori sovereignty challenge is not justiciable, and no miscarriage of justice occurred; appeal dismissed.
13 Jun 2019
Appeal allowed: trial convictions quashed because the Police did not prove that Constable Park was lawfully on Webster's property and therefore was not acting in the execution of his duty when pushed, and the prosecution did not prove beyond reasonable doubt that the metal pole was an 'offensive weapon' (intended for causing bodily injury and without reasonable excuse); further, the trial judgment failed to engage with the legal issues required by Sena, producing a miscarriage of justice.
20 May 2019
The costs order was set aside because, although there was a procedural failure in late filing, the failure was not "significant" on the facts and defence counsel had a "reasonable excuse" given the Public Defence Service's attempts to contact the defendant and the existence of a memorandum; accordingly Judge Jelas lacked jurisdiction to make the costs order against counsel under s 364(2).
20 Dec 2013
Leave to appeal was refused because the applicant failed to identify a bona fide question of law of sufficient general or public importance: the first proposed question was illogical/meaningless and the second was at best a mixed question of fact and law and did not meet the high threshold for leave under s144; an extension of time to file the application was granted.
8 Oct 2004
Appellant disposed of the modified vehicle without a reasonable excuse; disposal to meet outstanding liabilities and the appellant's asserted reliance on a carer did not amount to a reasonable excuse under Clause 22, so the respondent lawfully exercised its discretion to decline funding for a replacement modified vehicle.