21 Dec 2020
RUSSELL JOHN TULLY v R [2020] NZCA 690
- Citation
- [2020] NZCA 690
- Court
- Court of Appeal
On the whole of the evidence, including expert reports and the trial judge's observations, the appellant was fit to stand trial; there was no evidential foundation to leave insanity or sane automatism to the jury and the judge did not err in so ruling; appellant by his conduct forfeited his right to counsel and his exclusion did not render the trial unfair; the new psychiatric evidence admitted on appeal did not establish unfitness or insanity sufficient to overturn the convictions; the sentence of life with a minimum period of 27 years was not manifestly excessive and is affirmed.