11 Oct 2018
BURTON v R [2018] NZCA 355
- Citation
- [2018] NZCA 355
- Court
- Court of Appeal
The Court held there was no miscarriage of justice: the trial judge lawfully and reasonably inferred guilt from the cumulative circumstantial and cross-admissible evidence (including uncontested evidence from a resident that linked stolen property and a firearm to premises used by the appellant), the limited error about the scope of guilty pleas was harmless because independent evidence supported possession at Carr Street, allegations of operative trial counsel error were unproven, and the overall sentence with uplifts for multiple major burglaries, theft of a vehicle and firearm, serious pri…