High Court Wellington
13, 14 May 1997
Hammond J
13, 14 May 1997
Hammond J
Criminal law — Defences — Charge of assault — Defence of self-defence — Defendant punched complainant and unknowingly broke his jaw — Subsequent punches when appellant believed he was being restrained — District Court finding that first punch amounted to self-defence — Whether subsequent two punches constituted defence of self-defence — Considerations of factors relevant to that defence — Whether appellant's mistake was to be tested objectively or subjectively — Whether appellant should have been discharged under s 19 of Criminal Justice Act 1985 — Crimes Act 1961, s 48 — Criminal Justice Act 1985, s 19.
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