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New Zealand Police v Lum [2021] NZDC 9036

Published 29 June 2022

Judge-alone trial — reserved decision — speaking threateningly — breach of protection order — threatens to kill. The defendant faced several domestic violence-related charges against a woman who he had been in a relationship with (the complainant). He was alleged to have thrown a stool at the complainant, and on another occasion to have threatened to kill her and then refused to leave her house. Additionally both of the alleged offences also amounted to breaches of a protection order. The defendant denied all of the charges. In relation to the first incident he admitted breaking a stool but said that he had not thrown it at the complainant, he had done it to relieve his feelings after arguing with her. In relation to the second incident, he simply argued that the prosecution was unable to prove the charges against him. The Court heard evidence from several police officers, and also viewed written witness statements and video statements from the complainant. The Court found the complainant to be a credible witness in relation to the first incident, but in relation to the second incident the complainant said at the hearing that she could not recall the events clearly. Further she had been intoxicated and emotionally distressed when giving her video statement. The Court found the defendant guilty on both charges relating to the first incident, but could not be satisfied that the charges relating to the second incident were able to be made out, and acquitted the defendant on those charges. Judgment Date: 21 May 2021