17 Sept 2019
BROWN v NEW ZEALAND POLICE [2019] NZHC 2348
- Citation
- [2019] NZHC 2348
- Court
- High Court
The appeal is dismissed: the High Court upheld the District Court's credibility findings and conviction because the trial judge was entitled to accept the officers' account and there was no miscarriage of justice from judicial questioning; although the District Court erred by not expressly addressing some mitigating personal factors, the appellate court concluded the consequences of conviction were not out of all proportion to the gravity of the offending and accordingly affirmed the refusal of a discharge without conviction.