20 Apr 2021
BROWN v R [2021] NZCA 120
- Citation
- [2021] NZCA 120
- Court
- Court of Appeal
The appeal was dismissed because the trial judge's prompt direction to disregard the fleeting propensity comments cured any risk of prejudice, the judge properly exercised discretion and gave adequate directions (including tailored warnings and cross-examination) so that a s122 reliability warning was not required in the circumstances, and the post-trial letter from the Crown witness did not constitute a credible recantation sufficient to undermine the safety of the verdict.