New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Conduct prejudicial to service discipline
  • 19 Aug 2014

    KEAT v R [2014] NZHC 1961

    Citation
    [2014] NZHC 1961
    Court
    High Court

    Convictions quashed because the trial judge failed to properly direct Military Members on the essential mens rea elements of the charged offences (knowledge that the relationship was the kind requiring disclosure and deliberate omission), failed to give required lies direction, and failed to fairly present defence evidence; those errors rendered the convictions unsafe and necessitate quashing and consideration of retrial.

    • Failure to comply with orders
    • Conduct prejudicial to service discipline
    • Threatening language
    • Mens rea
    • Trial directions
    • Lies direction