New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Unreasonable/inconsistent verdicts

Legal area

Court

24 Nov 2021

KL (SC 113/2021) v R [2021] NZSC 162

Citation

[2021] NZSC 162
Court

Supreme Court

The application for leave to appeal is dismissed because the matters raised merely reprise factual arguments dealt with by the Court of Appeal, the ROC lacks sufficient cogency to be admitted as fresh evidence and would not create a real risk of miscarriage of justice, and no point of general or public importance is established; the short delay in seeking leave was excused and the extension of time granted.
10 Aug 2016

SENIOR v R [2016] NZCA 389

Citation

[2016] NZCA 389
Court

Court of Appeal

Extension of time to appeal granted; conviction and sentence appeals dismissed because (1) trial judge's s122 direction, though not a formulaic 'owning' phrase, adequately identified risks of long delay and prejudice and was reinforced by counsel submissions and materials to jury; (2) severance was rightly refused as the probative value of cross‑admissible propensity evidence showing a pattern of offending against adolescent girls outweighed prejudice; (3) alleged inconsistent verdicts were rationally explicable on the evidence and jury assessments; (4) prosecutor's remarks were unfortunate a…