New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of co-defendant statements

Legal area

Court

4 Dec 2023

GIBSON-PARK v R [2023] NZCA 615

Citation

[2023] NZCA 615
Court

Court of Appeal

The appeal was dismissed because alleged counsel errors and trial Judge directions, individually and collectively, did not create a real risk of miscarriage of justice: the jury were properly instructed, inadmissible co-defendant statements were clearly ring-fenced and isolated, a s122 warning was discretionary and not required on these facts, and the late alibi rebuttal was admissible due to the witness' unavailability and s98 criteria being met; accordingly convictions and sentences were upheld.
26 Oct 2023

HEREWINI v R [2023] NZCA 519

Citation

[2023] NZCA 519
Court

Court of Appeal

The Court allowed the appeal against the assault with a weapon conviction because the trial judge wrongly withdrew self-defence and defence of another — those defences presented credible or plausible narratives that should have been left to the jury. The aggravated robbery conviction was upheld because there was overwhelming evidence of a shared common intention to dispossess the victim of his hoodie and cap under s235(b). The sentence for aggravated robbery was set aside and remitted for resentencing pending outcome of retrial on the assault charge (or fact-finding pursuant to s24 Sentencing…