6 Mar 2023
WAHED v NEW ZEALAND POLICE [2023] NZHC 407
- Citation
- [2023] NZHC 407
- Court
- High Court
The High Court held the trial judge erred in assessing contested oral evidence and in failing to permit relevant questioning, and that on a fair reading of the evidence (including appellant's limited English and repeated questions) the appellant had effectively requested a blood test within the statutory 10-minute period; those errors created a real risk the trial outcome was affected and therefore constituted a miscarriage of justice warranting quashing of the conviction and sentence.