12 Dec 2019
HERBERT v R [2019] NZCA 640
- Citation
- [2019] NZCA 640
- Court
- Court of Appeal
The jury's verdict was not unreasonable because, when the equivocal forensic findings were considered together with the strong circumstantial evidence of the appellant entering a sleeping, intoxicated complainant, removal of clothing, both parties naked from the waist down, the appellant lying on top of her and causing a hickey, the jury was entitled to infer penile penetration (including penetration without ejaculation); appellate threshold to overturn was not met.