24 Jun 2020
MALSTER v R [2020] NZHC 1444
- Citation
- [2020] NZHC 1444
- Court
- High Court
Counsel erred by failing to adequately discuss and obtain informed instructions about a s106 discharge application after trial and following a sentencing indication, but even accepting that error there was no real risk it affected the outcome because the consequences of conviction were not shown to be out of all proportion to the low‑level assault and the statutory licensing body (NZTA) and MITO retain lawful discretion to consider the matter; accordingly no miscarriage of justice and appeal dismissed.