23 Nov 2016
STIRLING v R [2016] NZCA 550
- Citation
- [2016] NZCA 550
- Court
- Court of Appeal
The Court dismissed the conviction appeal and the Solicitor-General's sentence appeal: the trial Judge did not err in allowing charge amendments or admitting propensity evidence (E and H) because probative value remained high and prejudice was mitigated by strong judicial directions; limited non‑compliance with Evidence Regulations affected weight not admissibility; no stay was warranted as prejudice was speculative and jury directions were adequate; the sentencing Judge reasonably applied mitigation (youth at offending, long period without further offending, evidence of self-rehabilitation)…