3 May 2019
R v M (CA654/2018) [2019] NZCA 138
- Citation
- [2019] NZCA 138
- Court
- Court of Appeal
The Court set aside the District Court's grant of permission under s44 because the proposed questioning about another alleged offender did not meet the s44(3) threshold: the risk of transference was speculative given distinct contexts and narratives and in the absence of expert evidence, and the material would be unfairly prejudicial to the respondent.