3 May 2021
CLARKE v R [2021] NZCA 151
- Citation
- [2021] NZCA 151
- Court
- Court of Appeal
The trial judge's direction clarifying 'likely' was orthodox and did not dilute the required foresight; accordingly there was no miscarriage of law on the conviction. The additional s 27 cultural report did not disclose exceptional circumstances making application of s 104 manifestly unjust; therefore the statutory 17-year MPI was correctly imposed. Both conviction and sentence appeals are dismissed; applications for extension of time and to adduce fresh evidence are granted.