5 May 2020
PAGE v NEW ZEALAND POLICE [2020] NZHC 904
- Citation
- [2020] NZHC 904
- Court
- High Court
The District Court materially erred by considering aggravating factual matters that were not in the summary of facts and had not been admitted or proven under s24; confined to the summary of facts the offending was low gravity; the automatic and substantial immigration consequences (liability for deportation and loss of permanent residence eligibility, suspension of citizenship application) create a real and significant prejudice disproportionate to the low gravity offending; accordingly the s107 gateway is met and the discretion under s106 must be exercised to grant a discharge without convi…