New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Miscarriage of trial

Legal area

Court

14 Mar 2019

MPK (CA343/2018) v R [2019] NZCA 51

Citation

[2019] NZCA 51
Court

Court of Appeal

The trial judge failed to put the defence case to the jury in a way that enabled them to understand the issues and the role of defence evidence; that omission caused a miscarriage of justice and required quashing of the convictions and ordering of a retrial.
10 May 2018

AVISON v R [2018] NZCA 146

Citation

[2018] NZCA 146
Court

Court of Appeal

Although prior conviction evidence had probative value for the dismissed perverting charge, the trial judge's clear direction to the jury to disregard that evidence combined with overwhelming independent eyewitness evidence meant no real risk of unfair prejudice and the convictions were safe; appeal dismissed.