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New Zealand Police v Rowe [2023] NZDC 23043

Published 22 November 2024

Disorderly conduct — psychiatric report — burnout — discharge without conviction — Sentencing Act 2002, s 106. The defendant, a lawyer, was charged with two counts of disorderly conduct. The defendant had caused a disturbance in a residential area near his home. He applied to the Court for a discharge without conviction, providing a psychiatric report which showed he was suffering from work-related burnout at the time of the offending. The Court assessed the offending as being at a very low level, and that a conviction would be out of all proportion with the gravity of the offending. The offending was due to the acute mental health issues suffered by the defendant, and there were no aggravating features. The defendant indicated his desire to work again as a lawyer and to travel, which may have been affected by a conviction. The Court granted the application and discharged the defendant without conviction. The Court also made a final order suppressing the defendant's name. Judgment Date: 19 October 2023. * * * Note: names have been changed to comply with legal requirements. * * *