Thread: Mistaken for game hunting accidents and human factors report

Hi, unfortunately there is not a written judgment for the Invercargill discharge without conviction but I have requested the judge's sentencing notes.
There's some discussion about whether the police might appeal the decision but as I understand it, appeals can only be on questions of law not questions of fact (what happened).
The reason for this is because the appeal court is not in a position to listen to the evidence, assess the credibility of the witnesses etc.
And in this country, along with many others based on hundreds of years of English law, the rule against double jeopardy remains. In other words, you can't be tried for the same thing twice.
P.S. I'm not a practicing lawyer so take my comments with a grain of salt.