New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Judge-alone trial review

Legal area

Court

12 May 2023

BOWLER v NEW ZEALAND POLICE [2023] NZHC 1145

Citation

[2023] NZHC 1145
Court

High Court

The judge properly applied the law, accepted the complainant's evidence corroborated by two independent witnesses, and reasonably rejected the appellant's contrary account; no error in credibility assessment created a real risk of a different outcome and the sentence was within the available range, therefore the appeal is dismissed.
13 Mar 2019

ROWLANDS v NEW ZEALAND POLICE [2019] NZHC 437

Citation

[2019] NZHC 437
Court

High Court

The High Court held the trial judge did not err in preferring the complainant's contemporaneous signed police statement over her later inconsistent oral testimony because the statement was made immediately after the events, signed as true, consistent with police observations and the resiling was plausibly explained by family pressure; therefore there was no real risk of miscarriage of justice and the convictions stand.