22 Dec 2020
PAROLI v POLICE [2020] NZHC 3492
- Citation
- [2020] NZHC 3492
- Court
- High Court
The conviction was unsafe and was quashed because the trial judge materially erred by overlooking that the appellant lacked present ability to carry out the alleged running‑over threat (due to vehicle orientation/direction of travel), and that error undermined the necessary inference that the appellant intended his words to be taken seriously as a threat to intimidate or to frighten the complainant; consequently the conviction could not stand and an acquittal was entered.