30 Aug 2011
LAUREN DODGSON V NEW ZEALAND POLICE COA CA124/2011
- Citation
- COA CA124/2011
- Court
- Court of Appeal
The Court held that whether the blood analysed was the defendant's and taken at the relevant time is a factual question for the prosecution to prove by appropriate evidence; a s75 certificate remains sufficient evidence absent proof to the contrary and counsel's unaccepted questions revealing a witness's ignorance do not amount to proof to the contrary, so the proposed grounds had no arguable prospect of success.