23 Mar 2016
BRACKEN v R [2016] NZCA 79
- Citation
- [2016] NZCA 79
- Court
- Court of Appeal
The Court dismissed the appeal: it upheld the prior pre-trial ruling that propensity evidence was admissible and sufficiently probative of both kidnapping and murder; it held the contested cross-examination and co-defendant-led material were relevant to the co-defendant's defence and not so unfairly prejudicial as to require exclusion or to cause a miscarriage of justice; expert evidence on methamphetamine effects was properly admitted; and the sentencing Judge lawfully applied s104 and the 21-year minimum period was not manifestly excessive despite a minor error as to lack of remorse which d…