New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Dna/sample testing
  • 13 Sept 2023

    KEN MARION SANTIAGO ANG v R [2023] NZCA 445

    Citation
    [2023] NZCA 445
    Court
    Court of Appeal

    Dr Menkes' general evidence about alcohol‑induced confabulation was excluded because it could not be linked to the complainant and would not assist jurors beyond common experience; blood and urine samples were not ordered released because the testing benefit was speculative and the appellant had made an informed tactical decision at trial not to test; however the introital, vaginal and cervical swabs should be released for testing because the absence of male epithelial cells in those specific swabs may have probative value and cannot be excluded on the available evidence.