Mitchell v Police

The Supreme Court of New Zealand was asked to consider an appeal by Cheyman Lee Mitchell against the New Zealand Police. The applicant sought leave to appeal against the decision of the Court of Appeal that dismissed his appeal. The Court of Appeal had found that the police were not liable for the death of the applicant’s father, who died from a heart attack while in police custody. The applicant argued that the police were negligent in their care of his father, which led to his death. The police maintained that they were not liable for the death as it was not caused by their actions or omissions.

The legal issue before the Supreme Court was whether the Court of Appeal was correct in dismissing the applicant’s appeal. The Court of Appeal had found that the police were not negligent in their care of the applicant’s father and that the death was not caused by any action or omission on their part. The applicant argued that the Court of Appeal had erred in law by not considering all of the evidence and by failing to properly apply the relevant legal principles. The police argued that the Court of Appeal’s decision was correct and that the applicant’s appeal should be dismissed.

The Supreme Court found that the Court of Appeal had erred in law by not considering all of the evidence and by failing to properly apply the relevant legal principles. The Court found that the police were negligent in their care of the applicant’s father, which led to his death. The Court held that the police had a duty of care to the applicant’s father while he was in their custody and that they breached this duty by failing to provide him with adequate medical care. The Court found that the police were liable for the death of the applicant’s father.

The Supreme Court allowed the applicant’s appeal and remitted the matter to the Court of Appeal for further consideration. The Court ordered that the Court of Appeal reconsider the applicant’s appeal in light of the Supreme Court’s decision. The Court also ordered that the police pay the applicant’s costs of the appeal to the Supreme Court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established