19 Mar 2021
HORTON v R [2021] NZCA 82
- Citation
- [2021] NZCA 82
- Court
- Court of Appeal
The Judge did not err: the complainant's extensive but mainly minor and historic shoplifting/theft convictions did not have sufficient probative value to be substantially helpful under s 37 in assessing veracity for serious sexual assault allegations, and any limited probative value was outweighed by prejudicial effect under s 8; exclusion did not cause a miscarriage of justice.