3 Dec 2020
GOTTLER v POLICE [2020] NZHC 3191
- Citation
- [2020] NZHC 3191
- Court
- High Court
The trial judge's findings that the victim was visible and that the appellant failed to take additional precautions at a compulsory stop given known lighting limitations were supported by evidence; no error of law or miscarriage of justice was shown on appeal; and the judge correctly applied the s107 proportionality test so the refusal to discharge without conviction was appropriate.