5 Jul 2018
D (CA80/2018) v R [2018] NZCA 241
- Citation
- [2018] NZCA 241
- Court
- Court of Appeal
Leave to appeal was granted but the appeal on severance was dismissed: the court held the alleged sexual offending and the violence/cruelty charges are connected by time, place and familial context so the probative value of presenting them together (including explaining fear and passivity and assessing credibility) outweighs the risk of prejudice, which can be addressed by judicial directions; practicalities and witness welfare further support a single trial.