18 Mar 2021
MESUI TUFUI v R [2021] NZSC 25
- Citation
- [2021] NZSC 25
- Court
- Supreme Court
Leave to appeal was dismissed because, although the trial judge erred in refusing the proposed cross-examination with the arrest photographs, the Court of Appeal correctly concluded that the evidence had limited probative value in the context of confused identification, the jury received appropriate directions, and there was no real risk the verdict was affected; the additional grounds (NZBORA and s 122) either duplicate the factual assessment or were not raised below and do not show a real possibility of demonstrating a miscarriage of justice.