New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Jury verdict reasonableness

Legal area

Court

14 Sept 2020

TURNER v R [2020] NZCA 414

Citation

[2020] NZCA 414
Court

Court of Appeal

The jury verdicts were open on the evidence and the escape conviction was lawful and is upheld; the careless use conviction was at the lowest end of gravity and, having regard to indirect consequences (notably 35 demerit points and likely disqualification), a discharge without conviction under the Sentencing Act was warranted and the careless use conviction and related community work sentence are quashed.
9 Dec 2019

KANNEWISCHER v R [2019] NZCA 626

Citation

[2019] NZCA 626
Court

Court of Appeal

The Court held the jury's verdict was not unreasonable because the complainant gave clear, cogent evidence of the Panmure rape that was not shaken in cross-examination; the trial judge provided thorough directions on memory and credibility; weaknesses and inconsistencies were explored and were matters for the jury; there was no proper basis for the appellate court to usurp the factfinder.