12 Dec 2017
CHETTY v R [2017] NZCA 586
- Citation
- [2017] NZCA 586
- Court
- Court of Appeal
The application to adduce Professor Birch's report on appeal was declined because the report was speculative, relied on numerous and acknowledged rough assumptions and approximations (including BAC calculations), contained impermissible advocacy beyond the expert's remit undermining his impartiality, and would not have provided the statutory 'substantial help' to the jury nor cast reasonable doubt on the safety of the conviction; accordingly the conviction and sentence appeals were dismissed.