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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22320
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Got convicted of male assaults female ... How can I fight

Customer Question

Hi , got convicted of male assaults female ... How can I fight this ?? As their witness changed her story and the judge claimed she was lying ??
Submitted: 8 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 8 months ago.

If you have been convicted, then your next step would be to appeal the conviction. I am surprised you were convicted if the judge commented that she was lying, and enquire whether there was other evidence which supported the police prosecution case. You have not said if you had a lawyer to represent you for the case, but if you appeal would need one

Expert:  Chris The Lawyer replied 8 months ago.

If you take the case on appeal you should be aware that the judge in the High Court is limited in what they can do. You need to point out a mistake of law made by the district court judge, because judges on appeal do not like to overturn decisions on the facts. This is because the appeal is run on the transcript of the evidence, and the witnesses are not called again for the High Court. This means that the district court judge has the advantage of assessing credibility of the witnesses, but the High Court does not have this. So the judges are reluctant to overturn findings on credibility.

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