4 May 2018
B (CA231/2017) v R [2018] NZCA 137
- Citation
- [2018] NZCA 137
- Court
- Court of Appeal
The Court refused leave to adduce the further affidavit because it was neither fresh nor cogent and the trial judge's summing-up accurately reflected the expert's evidence; the judge was not obliged to give an explicit s122 reliability warning because the reliability issues were fully ventilated and addressed in summing-up; demeanour directions taken in context were not misleading; however the sentencing judge erred in not applying discounts for youth and mental health consistently across offences, so the sexual offence sentences were set aside and substituted with reduced terms (concurrent)…