1 Jul 2022
MARTIN v R [2022] NZCA 285
- Citation
- [2022] NZCA 285
- Court
- Court of Appeal
Expert evidence regarding trafficking and online scams was inadmissible because it would not have been substantially helpful to the jury on the narrow issue of recklessness; the jury directions and question trail correctly reflected the law (Cameron/Kupec) and no viable withdrawal defence arose on the evidence; sentencing required adjustment from Zhang bands because the appellant's role, vulnerability, lack of knowledge of quantity, proactive disclosure to Customs and very limited period of participation meant quantity was a poor proxy for culpability — resulting in reduction of the starting…