23 Jul 2019
KAVANAGH v R [2019] NZHC 1747
- Citation
- [2019] NZHC 1747
- Court
- High Court
Fresh affidavit evidence establishing the appellant did not know his son was aware of his presence until after his meeting undermined the key factual predicate for the psychological abuse conviction; on rehearing the objective facts of parking at the school did not suffice to sustain the psychological abuse conviction but did establish entry onto land occupied by a protected person without consent (s19(2)(c)), and no reasonable excuse was proved for that entry, so the Court quashed the psychological abuse conviction and substituted a conviction for entering land occupied by a protected person…