20 Jun 2016
HOUPAPA v R [2016] NZCA 273
- Citation
- [2016] NZCA 273
- Court
- Court of Appeal
Disclosure that the appellant had been in prison was inadvertent and, given the totality of evidence undermining the appellant's credibility (forensic DNA, bruising, discarded clothing, implausible account), combined with the trial judge's timely and firm direction and the lack of subsequent reference, there was no real risk of miscarriage of justice; the prosecutor's question about imprisonment was erroneous but not causative of miscarriage; no youth discount applied because the offender's age, serious and repeated record and risk to the community made such a discount inappropriate.