New Zealand Case Law: Decisions & Judgments

Topic

Text message evidence

Legal area

Court

25 Aug 2023

CAMPBELL v R [2023] NZCA 396

Citation

[2023] NZCA 396
Court

Court of Appeal

The Court dismissed the appeal: limited references by the prosecutor to an EVI and to downloaded text messages not produced at trial, and comments about consistency and the defence 'clutching at straws', did not amount to inviting the jury to rely on evidence not before them nor did they reverse the burden of proof; the trial judge's orthodox directions and the substantial admissible evidence of consistency meant no miscarriage of justice occurred; the six‑year starting point and final sentence were within the applicable R v AM sentencing band given the repetitive, invasive nature of the offe…
26 Jul 2019

ANDERSON v R [2019] NZCA 335

Citation

[2019] NZCA 335
Court

Court of Appeal

The jury's guilty verdicts were reasonable because contemporaneous text messages, admissions by the two burglars, and cellphone polling data placed the appellant's phone in the Mount Maunganui area at the time of the burglaries and supported the inference he drove the offenders; any limitation on cross-examination after the Judge's questions did not cause a miscarriage of justice because it could not have undermined the unavoidable inference from the polling data.
18 Dec 2015

AFAMASAGA V R, MAKALIMA V R AND BANABA V R [2015] NZCA 615

Citation

(2015) 27 CRNZ 640
Court

Court of Appeal

The Court dismissed all appeals: the trial judge's directions on self-defence were legally sufficient and properly explained burden and subjective/objective elements; the admission and limited use of contested text messages and gang evidence did not cause a miscarriage of justice because the jury were properly instructed; there was sufficient evidence to convict Banaba and Makalima as parties under s66 (incitement/encouragement and common purpose principles) and the differing verdicts were not inconsistent given evidence of Makalima's cognitive impairment supporting manslaughter only; withdra…

New Zealand Case Law

CAMPBELL v R [2023] NZCA 396

ANDERSON v R [2019] NZCA 335

AFAMASAGA V R, MAKALIMA V R AND BANABA V R [2015] NZCA 615