New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Evidence act s124
  • 29 Jul 2015

    McLAUGHLIN v R CA752/2013 [2015] NZCA 339

    Citation
    [2015] NZCA 339
    Court
    Court of Appeal

    Appeal dismissed. DNA evidence identifying appellant as the source of the male component had evidential value and, although experts could not determine direct versus indirect transfer, the jury was entitled to infer direct transfer in context; the judge erred by not fully complying with s 124(3)(c) but the error was harmless because there was no material risk of miscarriage given the overwhelming Crown case; s 32 did not apply to the initial interview because the appellant actively lied; the summing-up was not unfair.