15 Dec 2021
DELIWALA-GEDARA v R [2021] NZCA 688
- Citation
- [2021] NZCA 688
- Court
- Court of Appeal
The OFLC reports were not "purely formal" because they described substantive content relevant to the knowledge element, but admission under the residual interests of justice limb of s98(3)(d) was warranted because showing videos in court was undesirable, the content was not seriously disputed, no realistic prospect existed that the defence would have been run differently, and admission did not create a real risk of miscarriage of justice; accordingly the conviction stands.
- Possession of objectionable publications
- Admission of further evidence after close of case (s 98 evidence act 2006)
- Knowledge/reasonable belief mens rea
- Films, videos, and publications classification act 1993 s131a
- Miscarriage of justice/appeal under criminal procedure act