17 Feb 2016
BEATTY v POLICE [2016] NZHC 190
- Citation
- [2016] NZHC 190
- Court
- High Court
On rehearing the High Court concluded the Judge's factual findings were open on the evidence: still images from the video supported the finding that the appellant threw the first punch, possession and threatening use of a baseball bat were established and unjustified, statutory defences ss53/56 did not apply because the appellant struck and used unreasonable force, and the s106/s107 threshold for discharge without conviction was not met; accordingly convictions and refusal to discharge were upheld.