The Queen v Janet Middlemiss

Case

[2003] NZCA 47

13 March 2003


IN THE COURT OF APPEAL OF NEW ZEALAND CA213/02

THE QUEEN

V

JANET MIDDLEMISS

Hearing: 13 March 2003
Coram: Glazebrook J
Hammond J
O’Regan J
Appearances: B J Horsley for the Respondent
Judgment: 13 March 2003

JUDGMENT OF THE COURT DELIVERED BY GLAZEBROOK J

  1. Ms Middlemiss was, after a trial by jury, convicted on a charge of assault and sentenced to one month’s periodic detention in respect of this count.  She appeals against both conviction and sentence.

  2. The appeal is allowed and the conviction is quashed.  No retrial is ordered.

Solicitors:

Crown Solicitor, Wellington

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