7 Dec 2017
LIANG LIU V R [2017] NZCA 573
- Citation
- [2017] NZCA 573
- Court
- Court of Appeal
Dai: Delegation to counsel to exercise peremptory challenges is lawful and common practice; however the right remains personal to the defendant and counsel must advise about the defendant's residual entitlement and, where appropriate, an agreed communication mechanism; on these facts counsel's omissions did not cause a miscarriage. Liu: Trial judge erred by omitting a direction on purpose for the attempted possession charge but the omission was harmless because purpose was not in issue and was established by the evidence; conviction stands.