9 Mar 2020
MITCHELL v NZ POLICE [2020] NZHC 440
- Citation
- [2020] NZHC 440
- Court
- High Court
The High Court upheld the District Court Judge's approach: he properly proceeded on the agreed summary of facts, any contested inferences were either acknowledged or immaterial, and there was insufficient evidence of a real and appreciable risk that conviction would disproportionately impact the appellant's prospective employment or travel. On balance the consequences of conviction were modest and did not outweigh the gravity of the offending, so the s107 test for discharge without conviction was not satisfied.