28 Oct 2016
GLEN EDWARD ROBERTS v THE QUEEN [2016] NZHC 2588
- Citation
- [2016] NZHC 2588
- Court
- High Court
The Court held that s 41(b) AFDA does not require a separate subjective intention to ill-treat beyond intention to perform the act and objective assessment that the act amounted to ill-treatment; s 73(1)(a) requires a deliberate act and knowledge of impropriety and an honest belief defence need only be directed if evidentially raised; convictions were upheld and sentence was reduced by removing the 12-month stay of seniority because that cumulative element made the overall sentence manifestly excessive.