29 Mar 2017
HENRY v R [2017] NZCA 92
- Citation
- [2017] NZCA 92
- Court
- Court of Appeal
The appeal is dismissed because the Crown's use of defence‑led evidence did not invite illegitimate use and did not require additional tailored directions, the trial judge's general directions on demeanour and credibility were adequate and avoided conveying judicial views, prosecutorial excesses did not cumulatively raise a real risk of miscarriage, and the sentence including a 50% MPI was within the correct band given aggravating factors and the offender's history.
- Sexual violation
- Indecent assault
- Evidence admissibility (s44 evidence act)
- Veracity rules (s37 evidence act)
- Propensity (s40 evidence act)
- Jury directions and demeanour