22 Dec 2020
WRIGHT v NZ POLICE [2020] NZHC 3515
- Citation
- [2020] NZHC 3515
- Court
- High Court
The trial judge did not reverse the onus of proof; his rejection of the appellant's account as inconsistent with CCTV and implausible explanations was open on the evidence and the complainant's evidence that she saw the top of the appellant's penis was credible and sufficient to convict for an indecent act within view of a public place. On sentence, given the appellant's advanced age, lack of relevant offending history and the relatively minor nature of the conduct, the community detention component was manifestly excessive and was quashed while supervision and the $500 emotional harm payment…