9 Feb 2022
WHITE v NEW ZEALAND POLICE [2022] NZHC 118
- Citation
- [2022] NZHC 118
- Court
- High Court
Although the trial judge erred by not expressly addressing the intent element, the High Court held that intent to injure was readily inferable from the nature of the conduct (pinned victim, chokehold, eye gouging, excessive force) and surrounding circumstances; that error did not create a real risk of a different outcome, therefore no miscarriage of justice and the appeal is dismissed.