New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Behavioural evidence
  • 18 Dec 2023

    B (CA588/2021) v R [2023] NZCA 655

    Citation
    [2023] NZCA 655
    Court
    Court of Appeal

    The Court held the behavioural evidence was admissible as contextual material responsive to the defence and its limited use without a bespoke direction did not render the verdict unsafe; the covert family recording by a private actor was admissible and reliable for the jury to weigh; the Bathurst alibi was not materially advanced by post-trial evidence of live screening and replay possibilities removed reasonable doubt on charge 1; failure to cross-examine on a collateral employment date was not a miscarriage of justice; extension of time and leave to adduce further evidence were granted and…