New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S147 dismissal application

  • 21 Mar 2022

    M v R [2022] NZHC 529

    Citation
    [2022] NZHC 529
    Court
    High Court

    The s147 application was correctly dismissed because alleged collusion and inconsistencies were matters for the jury and did not manifestly discredit the Crown case; there was no evidence the Crown acted in bad faith so no award under the CCCA was warranted; however the police's failure to disclose the recorded telephone call was an isolated but significant procedural failure without reasonable excuse and, as sanction under s364 CPA, the police must pay $6,000 to the defendant.

  • 6 Sept 2021

    SEYMOUR v R [2021] NZHC 2322

    Citation
    [2021] NZHC 2322
    Court
    High Court

    Taking photographs of a sleeping child that focus on intimate areas and involve staging (lifting the child's top), taken in private by an adult who controlled the child, can be objectively indecent under s 132; motive is not required to render the act indecent though surrounding circumstances (subject matter, posing, purpose) determine whether the act is capable of being indecent; the 'with or on' element was satisfied because the child was under the defendant's control; the District Court judge correctly dismissed the s 147 application and the conviction stands.