29 Jun 2022
SUN v POLICE [2022] NZHC 1521
- Citation
- [2022] NZHC 1521
- Court
- High Court
The High Court admitted fresh evidence (Mr Guo affidavit) establishing a material factual error in the District Court judgment (the appellant would retain employment). That changed the balance under s106-107 Sentencing Act 2002: the direct and indirect consequences of conviction (loss of employment and serious career prejudice) were out of all proportion to the low-gravity, limited-role offending. The appeal was allowed, a discharge without conviction was entered, the conviction was quashed, and conditions were imposed requiring disclosure of the judgments to Chartered Accountants ANZ by the…