14 Oct 2022
LOWE v NEW ZEALAND POLICE [2022] NZHC 2672
- Citation
- [2022] NZHC 2672
- Court
- High Court
Appellate court found the trial judge's credibility assessment relied on flawed reasoning and illogical inferences (misstated chronology, unjustified inference about hammer placement, and erroneous rejection of appellant's account). Those flaws created reasonable doubt whether words amounted to a threat or whether the hammer was used/threatening, producing a miscarriage of justice; under s233 the interests of justice required acquittal and setting aside of sentence.