26 Mar 2021
SWAINBANK v R [2021] NZCA 93
- Citation
- [2021] NZCA 93
- Court
- Court of Appeal
The single thumbprint found on the inside of the instrument panel, together with the appellant's denials in the recorded interview and his proximity to the scene, was sufficient for a reasonable jury to conclude beyond reasonable doubt that the appellant committed the burglary; the arrest was lawful and the DVD interview admissible; the proposed fresh expert affidavit was not fresh and would not affect the safety of the conviction; alleged counsel errors did not create a miscarriage of justice.