3 Nov 2021
HOPPER v R [2021] NZCA 576
- Citation
- [2021] NZCA 576
- Court
- Court of Appeal
Appellant's complaints did not establish counsel error or a real risk of miscarriage: counsel provided detailed, documented advice and the appellant made a voluntary informed election not to give evidence; DNA and Y-STR evidence, as presented and challenged at trial, provided strong support for the Crown and the late expert report added nothing materially new or cogent; Dr Hancock's evidence and the s 44 exclusion were properly admitted/applied; cumulatively there was no real risk the verdicts were unsafe, so leave to adduce fresh evidence was declined and the appeal was dismissed.