29 Mar 2017
SMITH v R [2017] NZCA 93
- Citation
- [2017] NZCA 93
- Court
- Court of Appeal
Extension of time to appeal granted to enable consideration of merits, but application to appoint independent counsel/private investigator to interview jurors declined because the evidence did not show the jury received highly prejudicial extraneous information and did not meet the exceptional circumstances threshold under s 76 Evidence Act 2006; knowledge of uncalled character evidence was not shown to be capable of affecting the verdicts in light of trial directions and mixed verdicts.