THE QUEEN v JANET MIDDLEMISS [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