Judge alone trial — assault — excess of force — Criminal Procedure Act 2011, ss 105 & 106 — Crimes Act 1961, ss 2, 39, 41, 48, 55 & 62 — Diehl v Police HC Dunedin CRI-2007-412-59, 2 November 2007 — Russo v R [2011] NZCA 79 — R v Haddon [2007] NZAR 135 (CA) — Adams on Criminal Law. The defendant faced one charge of assault. The defendant had been a serving police officer and it was alleged that he had used excessive force in the arrest of a suspect (the victim), for alleged breach of bail conditions. During the course of executing the arrest, the defendant placed his knee on the victim's head while he was on the ground, fracturing the victim's cheekbone. The prosecution's case was that the defendant had used excessive force beyond what was reasonable or necessary in the circumstances. The defence case was that it was questionable whether the defendant had caused the fracture given that the fracture was not formally diagnosed until several weeks later. The Judge considered the evidence, including expert evidence from a Tactical Options Supervisor at the Royal New Zealand Police College, and found under the circumstances the force applied was not reasonable nor necessary. The Judge found the defendant guilty. Judgment Date: 24 March 2023.