23 Sept 2019
F (CA270/2019) v R [2019] NZCA 447
- Citation
- [2019] NZCA 447
- Court
- Court of Appeal
The application for recall is declined because the recall jurisdiction is not the proper vehicle for fresh evidence obtained post‑trial; the three recall preconditions were not satisfied, alternative remedies (s 406 application or Supreme Court leave) are available, and the proposed post‑trial expert opinion was either obtainable earlier or would not likely provide substantial help given the trial evidence and admissions.