13 Aug 2019
MERCER v POLICE [2019] NZHC 1957
- Citation
- (2019) 29 CRNZ 193
- Court
- High Court
The High Court found the first-instance Judge erred by failing to give reasons addressing Mr Mercer's defence under r 1.8; on rehearing the Court accepted the evidence of both witnesses, concluded the unexpected acceleration of the lead vehicle was a situation not of Mr Mercer's making and that he exceeded the speed limit to avoid death or injury, thus satisfying r 1.8, and allowed the appeal and dismissed the infringement notice.