17 Jul 2019
TAKIWA v R [2019] NZCA 315
- Citation
- [2019] NZCA 315
- Court
- Court of Appeal
The Court declined to exercise its recall jurisdiction because no fundamental procedural error was demonstrated—the matters now relied upon were already before the Court on the first appeal and would not have materially altered the analysis—and a substantial miscarriage of justice was not shown; additionally leave to appeal on a question of law was refused for want of jurisdiction because the applicant had been acquitted at retrial and no effective appellate remedy remained.