13 Jun 2019
WEBSTER v NEW ZEALAND POLICE [2019] NZHC 1335
- Citation
- [2019] NZAR 911
- Court
- High Court
Appeal allowed: trial convictions quashed because the Police did not prove that Constable Park was lawfully on Webster's property and therefore was not acting in the execution of his duty when pushed, and the prosecution did not prove beyond reasonable doubt that the metal pole was an 'offensive weapon' (intended for causing bodily injury and without reasonable excuse); further, the trial judgment failed to engage with the legal issues required by Sena, producing a miscarriage of justice.