3 Jul 2023
CHAND v R [2023] NZCA 276
- Citation
- [2023] NZCA 276
- Court
- Court of Appeal
On the facts the Court held that the jury could reasonably find control and knowledge required by s220 from defendants' roles and conduct in obtaining quotes, arranging refunds and handling funds; s220(4) properly left obligations as a legal matter to the judge while control and knowledge were for the jury; the proposed handwriting expert evidence was neither fresh nor cogent and would not undermine the safety of convictions so leave to adduce was refused; and applications for discharge without conviction and sentence challenges were lawfully dismissed as the consequences were proportionate t…