8 Nov 2019
BERRETT v R [2019] NZCA 545
- Citation
- [2019] NZCA 545
- Court
- Court of Appeal
Leave to appeal out of time was granted but proposed further evidence was refused; the jury verdict was upheld because there was sufficient admissible evidence linking the charged emails to the appellant (emails sent from his address, admissions in meetings/interview, consistent writing style), allegations of police fabrication and unspecified prosecutorial misconduct were unsupported, the juror allegation lacked admissible evidential foundation and did not demonstrate miscarriage of justice, and the two‑year intensive supervision sentence with 180 hours community work was not manifestly exce…