27 Oct 2022
LINDSAY v R [2022] NZHC 2786
- Citation
- [2022] NZHC 2786
- Court
- High Court
The District Court correctly found the offending was of low gravity but the applicant failed to establish, on reliable evidence, that the direct and indirect consequences of a conviction would be out of all proportion to that gravity; speculative assertions about travel, study and employment did not meet the real and appreciable risk threshold, and the victim's preference did not override statutory criteria, so discharge without conviction was properly refused.