New Zealand Police v Ellison [2017] NZDC 13464

Published 14 November 2017

Oral judgment — judge alone trial — guilty verdict — posting a harmful digital communication — Facebook message — Harmful Digital Communications Act 2015, s 22. The defendant was charged with posting a digital communication with the intention that it cause the victim harm. The court took into account the age, character, memory, judgment and knowledge of the witnesses, and any motivation and biases that the witnesses may have had. The defendant's position was that the post that he had made was to provide information about the victim of the offending and that he had no intention that the post cause harm. The court noted how the defendant began the post, the nature of the statements, and the harm caused by the communication. The defendant was found guilty of the charge of posting a digital communication with the intention of causing harm to the victim. Judgment Date: 6 June 2017.