12 Dec 2017
ROSS v R [2017] NZCA 587
- Citation
- [2017] NZCA 587
- Court
- Court of Appeal
The appeal was dismissed because the Court found no miscarriage of justice: counsel's decisions were informed and tactical, supported by contemporaneous documents and investigator advice, and proposed witnesses would not have materially assisted but posed risks; counsel's closing adequately presented the defence; the judge's directions on reliability, propensity and dates, viewed in context of the trial, were adequate to prevent a real risk of an unsafe verdict; and even if some deficiency in the s122 warning existed, the Crown case (identifications and corroborative evidence) was strong such…