New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Threatening to injure

Legal area

Court

4 May 2020

DODDS v NEW ZEALAND POLICE [2020] NZHC 886

Citation

[2020] NZHC 886
Court

High Court

The Court concluded the District Court properly considered the appellant's mental health and personal circumstances, found that some personal responsibility remained despite mental illness, and determined that 100 hours' community work was within the legitimate sentencing range for the offending; any over-emphasis on general deterrence did not render the overall sentence manifestly excessive and the appeal was dismissed.
17 Feb 2016

BEATTY v POLICE [2016] NZHC 190

Citation

[2016] NZHC 190
Court

High Court

On rehearing the High Court concluded the Judge's factual findings were open on the evidence: still images from the video supported the finding that the appellant threw the first punch, possession and threatening use of a baseball bat were established and unjustified, statutory defences ss53/56 did not apply because the appellant struck and used unreasonable force, and the s106/s107 threshold for discharge without conviction was not met; accordingly convictions and refusal to discharge were upheld.