New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Nzbora s 25

Legal area

Court

6 May 2022

BOUWER v NEW ZEALAND POLICE [2022] NZCA 166

Citation

[2022] NZCA 166
Court

Court of Appeal

The application for leave to bring a second appeal was declined because the Court was not satisfied that this appellant's case provided an appropriate context to determine the jurisdictional question whether declarations of inconsistency can be granted in criminal appellate proceedings; given the Attorney-General's prior s 7 report and the Crown's acceptance of inconsistency, and the absence of a live contest on inconsistency, the discretionary grounds for leave were not met.
18 Mar 2021

MESUI TUFUI v R [2021] NZSC 25

Citation

[2021] NZSC 25
Court

Supreme Court

Leave to appeal was dismissed because, although the trial judge erred in refusing the proposed cross-examination with the arrest photographs, the Court of Appeal correctly concluded that the evidence had limited probative value in the context of confused identification, the jury received appropriate directions, and there was no real risk the verdict was affected; the additional grounds (NZBORA and s 122) either duplicate the factual assessment or were not raised below and do not show a real possibility of demonstrating a miscarriage of justice.