10 Jun 2019
GRAY v R [2019] NZCA 207
- Citation
- [2019] NZCA 207
- Court
- Court of Appeal
Leave to appeal was declined because s 36 is a separate offence and does not negate s 45 liability, Parliament intentionally placed the burden on defendants under s 45(2) and that allocation is not displaced by s 25(c) NZBORA or the appellant's submissions, and on the facts no reasonable basis for self-defence was established so there is no arguable error warranting a second appeal.