31 Aug 2020
DIALLO v NEW ZEALAND POLICE [2020] NZHC 2233
- Citation
- [2020] NZHC 2233
- Court
- High Court
The High Court held the trial judge did not err: the EVI was properly admitted or its exclusion would have been disproportionate; earlier Family Court findings and the fact of prosecution did not vitiate the trial judge's independent assessment of the evidence; the judge reasonably preferred the child's account and correctly found the force used exceeded what was objectively reasonable for protection under s 59; the sentence was within range. Therefore the appeal against conviction and sentence was dismissed.
- Assault of a child
- Parental discipline (s 59 crimes act 1961)
- Admissibility of evidential video interview
- Prosecutorial discretion
- Appeal standard for judge-alone trial