5 Mar 2020
MACDONALD v NEW ZEALAND POLICE [2020] NZHC 415
- Citation
- [2020] NZHC 415
- Court
- High Court
The District Court correctly applied the s107 three‑step test, balanced aggravating factors (weapon, racially threatening conduct) against mitigating factors (lack of prior convictions, neurological disorders, guilty plea), found the offending of moderate‑medium gravity, and correctly concluded that the consequences of conviction were not out of all proportion to that gravity; there was no miscarriage of justice and the appeal is dismissed.