21 Sept 2017
AKUHATUA TIHI v R [2017] NZSC 143
- Citation
- [2017] NZSC 143
- Court
- Supreme Court
Even assuming the prosecutor overstepped or there was a s 32 breach, there was no material risk of miscarriage: the prosecutor's comment was passing and any potential adverse inference was overwhelmed by the violent, repeated blows indicating murderous intent and by the applicant's demonstrable untruths; the Court of Appeal's conclusion was correct and leave is refused.