12 Jul 2016
H (CA387/2015) v R [2016] NZCA 324
- Citation
- [2016] NZCA 324
- Court
- Court of Appeal
The Judge's substantive cross-examination-style interventions of defence witnesses together with unfair, non-evidential comments in the summing-up on a central factual issue (the locked door/mattress) cumulatively risked prejudicing the jury against the defence; those errors caused an unfair trial, requiring convictions to be set aside and a retrial ordered.