12 Feb 2018
W (CA272/2017) v R [2018] NZCA 11
- Citation
- [2018] NZCA 11
- Court
- Court of Appeal
Counsel's choices about the scope and style of cross-examination and closing submissions were reasonable tactical decisions made in the light of the prior aborted trial and the strength and consistency of complainants' evidence; those decisions did not amount to a failure to follow fundamental instructions nor create a real risk of miscarriage of justice. A minor incorrect assertion about likely ejaculation was immaterial to the outcome. Appeal against conviction dismissed; publication ban under s200 Criminal Procedure Act 2011 made to protect identity of complainants and appellant.