22 Aug 2019
DIRECTOR OF THE CIVIL AVIATION AUTHORITY v BACH [2019] NZHC 2062
- Citation
- [2019] NZHC 2062
- Court
- High Court
The High Court granted leave but found a legal error in the District Court's gravity assessment: the Judge failed to take into account a relevant aggravating factor (the respondent's attempts to suppress/persuade concealment of incriminating GoPro footage), which was an error of law. However the Court concluded on the merits that, despite that error, the overall assessment of consequences of conviction relative to the now-assessed gravity still justified a discharge without conviction; leave granted, appeal dismissed and discharge upheld.
- Discharge without conviction (s106 sentencing act 2002)
- Leave to appeal on question of law (s296 criminal procedure act 2011)
- Careless operation of aircraft
- Mitigating and aggravating factors in sentencing
- Regulatory enforcement by civil aviation authority