28 Feb 2023
BREMNER v NEW ZEALAND POLICE [2023] NZHC 322
- Citation
- [2023] NZHC 322
- Court
- High Court
The appeal was allowed because the trial judge's oral reasons showed he convicted by preferring the prosecution account over the defendant without demonstrating independent satisfaction that the charge was proved beyond reasonable doubt; that failure created a real risk the trial outcome was affected and the appropriate remedy was to remit the matter to the District Court for retrial under s233(3).