New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Charging requirements
  • 4 Dec 2017

    LEONARD GUS NATTRASS-BERGQUIST v R [2017] NZCA 552

    Citation
    [2017] NZCA 552
    Court
    Court of Appeal

    The Court held there was no miscarriage of justice: the trial judge's directions on alleged lies were adequate given the lies were in-court exculpatory explanations and the jury were warned not to convict on lies alone; exclusion of the deceased's prior conviction was correct because it lacked probative value on violent propensity and risked unfair prejudice; the charging documents referring to s 172 were not a nullity and the Crown's open reliance on ss 167 and 168 did not add charges or breach NZBORA because the murder charge remained single and the Crown's case was made clear in opening; t…