14 May 2021
ZENG v NZ POLICE [2021] NZHC 1057
- Citation
- [2021] NZHC 1057
- Court
- High Court
No miscarriage of justice was established: (1) appellant's election of a judge-alone trial was informed or at least not shown to be so deficient as to affect fairness; (2) the trial delay, while substantial, was not egregious and the loss of the photograph did not materially prejudice the defence because the central issue was the cause of forearm cuts and the photograph was not determinative; (3) the sentencing judge correctly applied s107 Sentencing Act, assessed the offending as moderately serious with aggravating factors (knife, attack to head, breach of trust) and concluded the consequenc…