28 Jul 2016
AHOMIRO v R [2016] NZCA 353
- Citation
- [2016] NZCA 353
- Court
- Court of Appeal
The photo montage did not comply with Evidence Act s45(3)(b) because the other subjects were not sufficiently similar in appearance (notably tattoo coverage), producing a material risk of predisposition; the Crown could not prove beyond reasonable doubt that the identification was reliable, and the errors were not outweighed by inevitability of conviction, therefore the convictions were unsafe and had to be set aside with a retrial ordered.