New Zealand Police v Charles Durham [2016] NZDC 9689

Published 17 August 2016

Assault with a weapon — possession of an offensive weapon — threatening to cause grievous bodily harm — whether threat justified — Crimes Act 1961, s 56 — R v Haddon [2007] NZAR 135. Charge of assault with a weapon (wheelchair) dismissed as defendant’s evidence that his action in hitting the complainant in his wheelchair was an accident was accepted by the Judge. Charge of threatening to cause grievous bodily harm also dismissed as found the threat made was justified under s 56 (Haddon referred to). While the charge of being in possession of an offensive weapon (a leaf rake) was technically proven, the outcome needed to reflect that there was provocation from the visitors who had at this point had become trespassers. Decision relating to whether to convict and sentence was to follow.