17 Oct 2022
BELSEY v R [2022] NZCA 484
- Citation
- [2022] NZCA 484
- Court
- Court of Appeal
Although it was an error for the constable to read the complainant's notebook notes to the jury and some remarks by the constable and judge were undesirable, those errors did not create a real risk of affecting the verdict or render the trial unfair because the complainant's EVI and oral evidence substantially matched the notes, the constable's aggression evidence was explanatory, the judge gave orthodox burden and role directions, and a specific motive-to-lie direction was unnecessary; therefore the appellant's conviction stands and the appeal is dismissed.