10 Mar 2017
R v WAIPOURI [2017] NZHC 402
- Citation
- [2017] NZHC 402
- Court
- High Court
On the facts taken most favourably to the accused no properly directed jury could reasonably find that the accused faced an imminent life-threatening danger or that lethal force was a reasonable response; the victim was restrained, unarmed and incapacitated, the accused had alternative courses open and his own evidence showed lack of immediacy, therefore self-defence was withdrawn as a matter of law.