New Zealand Police v Faraniko Pei [2016] NZDC 3791

Published 31 July 2016

Application for dismissal of charge — Criminal Procedure Act 2011, s 147 — Using firearm against law enforcement officer — Crimes Act, s 198A. Application dismissed. The defendant had used the firearm “against” the constable under s 198A, regardless of the fact that he did not discharge the firearm directly at the constable. The Judge was not satisfied there was no case to answer, and accordingly a dismissal of charge under s 147 was not appropriate.