24 Aug 2021
KUMAR v POLICE [2021] NZHC 2186
- Citation
- [2021] NZHC 2186
- Court
- High Court
Leave to appeal out of time was granted and the appeal allowed; on de novo consideration the court found the offending was relatively low end, the direct and indirect consequences of conviction (substantial financial loss from franchise termination and serious personal harm) were out of all proportion to the gravity of the offending under s107, and therefore the discretion under s106 should be exercised to discharge the appellant without conviction, subject to completion of the Living Without Violence programme.