13 May 2021
CHOWDHERY v NZ POLICE [2021] NZHC 1061
- Citation
- [2021] NZHC 1061
- Court
- High Court
Appeal against conviction dismissed: trial judge did not err in using the dash-cam footage (including visible speed/time overlay) to make factual findings and expert evidence was not required; appellate deference warranted on credibility and factual findings. Appeal against refusal to grant discharge dismissed: although there is a real and appreciable risk NZTA may refuse a P endorsement, it is not certain and the court must not usurp NZTA's statutory decision-making on licensing related to transport safety; therefore a discharge without conviction was inappropriate.