28 Jun 2019
LONGHURST v MINISTRY OF SOCIAL DEVELOPMENT [2019] NZHC 1496
- Citation
- [2019] NZHC 1496
- Court
- High Court
Convictions quashed because the prosecution failed to fairly and adequately test the crucial mens rea issue (whether defendants knew they were obliged to disclose gross receipts) in cross-examination in circumstances where a broad statutory definition of income and inconsistent MSD operational practices made the obligation and dishonesty element genuinely contentious; the District Court judge's adverse credibility findings relied on reasons and propositions that were not put to witnesses and therefore the assessment of evidence was in error leading to a miscarriage of justice.
- Benefit fraud
- Dishonesty
- Income disclosure obligations
- Officially induced error
- Cross-examination duty under evidence act
- Extension of time/leave to appeal