New Zealand Police v Tyler Pogan [2016] NZDC 6477

Published 23 September 2016

Resisting arrest — assaulting a police officer in execution of their duty — threatening to kill — disorderly behaviour — assault — Summary Offences Act, ss 4, 9 and 39. The defendant faced charges of resisting and assaulting a police officer, threatening to kill, disorderly behaviour and assault.The defendant was found guilty on the threatening to kill charge as there was an expression by the defendant that he would kill the police officer and his children, and the threat was intended to be taken seriously. Whether or not the defendant intended to carry the threat out was irrelevant.The assault charge on a security officer was also proven. The Judge found on the evidence that a racial slur had been made by the defendant to the guard and that the defendant had punched the guard. The charge of disorderly behaviour was not made out on the evidence. The defendant’s alleged disorderly behaviour did not meet the s 4(1)(a) threshold of “behaviour that seriously disrupts or violates public order”. The resisting and assault on a police officer charges were dismissed as the arrest carried out was unlawful.Therefore, the officer was not acting in the execution of his duty and the charges were unsustainable. Judgment Date: 12 April 2016.