21 Jun 2018
GRAHAM THOMAS ROWE v R [2018] NZSC 55
- Citation
- [2018] 1 NZLR 875
- Court
- Supreme Court
The Supreme Court allowed the appeal and quashed the conviction because the photographs and the manner in which they were taken were not indecent in their nature and the surrounding circumstances relied upon (motive, surreptitiousness, zoom lens, prior incidents, organisation of other images) could not, by themselves, convert otherwise non-indecent photographic acts into an indecent act under s126; consequently the Crown had insufficient evidence on the actus reus (indecent act) and it was inappropriate to order a retrial.