5 Jun 2018
GREGORY DAVID WATERS v R [2018] NZSC 49
- Citation
- [2018] NZSC 49
- Court
- Supreme Court
S 32 did not apply because the complainant's informal aside was unsupported, contradicted by the police interview and the defendant's unchallenged evidence, so it would not 'appear' the defendant failed to answer; the failure to summarise the defence was error but did not produce a miscarriage of justice given the straightforward evidence, contemporaneous closings and detailed jury question trails; therefore leave to appeal is dismissed.