24 Aug 2021
SELAIMA FAKAOSILEA v R [2021] NZCA 401
- Citation
- [2021] NZCA 401
- Court
- Court of Appeal
The importation was a continuing process that was not complete before the appellant's first acts on 5 June 2016, so she could be a party; trial counsel's decision not to call a co-defendant witness was objectively reasonable in the circumstances (risk the witness would lie and harm the defence) and did not create a real risk of miscarriage; propensity evidence may include subsequent offending and the Virunga evidence was properly admitted relevant to mens rea; applying Zhang, the appellant's role warranted a lower starting point than the leaders so the importation sentence was reduced and the…