6 Apr 2020
HOLDEN v POLICE [2020] NZHC 680
- Citation
- [2020] NZHC 680
- Court
- High Court
Failure of the trial Judge to provide reasons for the finding of guilt rendered the trial unfair and amounted to a miscarriage of justice; further, on the evidence before the court, the prosecution did not prove beyond reasonable doubt that the appellant possessed the cannabis for the purpose of sale given her exculpatory explanation, the quantity and packaging alone were insufficient indicators of sale, and there were no other indicia of dealing; accordingly the conviction was quashed and no retrial ordered.