12 Dec 2023
K v NZ POLICE [2023] NZHC 3641
- Citation
- [2023] NZHC 3641
- Court
- High Court
Given the low-to-medium gravity of the assault, the material change of circumstances (quashing and acquittal on the more serious charges), admission of fresh evidence, and the realistic and appreciable risk that a conviction would significantly impair the appellant's prospects of returning to New Zealand and seeing his daughter, the Court held the direct and indirect consequences of conviction were out of all proportion to the gravity of the offence under s 107 and therefore quashed the conviction and discharged the appellant without conviction under s 106.