New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of identification evidence

Legal area

Court

12 Mar 2019

HOBSON v R [2019] NZCA 44

Citation

[2019] NZCA 44
Court

Court of Appeal

The appeal is dismissed because the admitted photo did not prejudice Hobson, joinder was appropriate, the judge's directions on the elements of aggravated robbery and on timing of knowledge were legally sound, there was ample evidence to permit the jury to draw the Crown's inferences including admissions under cross‑examination, and the lies direction complied with s 124(3) Evidence Act 2006.
19 Sept 2016

RETI v R [2016] NZCA 447

Citation

[2016] NZCA 447
Court

Court of Appeal

The s45 formal identification requirements were satisfied or could be inferred to have been satisfied (including that the witness was told the offender may or may not be present via translation), the appellant did not prove the visual identification was unreliable on the balance of probabilities, corroborating circumstantial evidence supported the conviction, and any potential prejudice from a reference to fingerprints was cured by the judge's direction; therefore the appeal was dismissed.