6 Dec 2017
STEVEN IHAKA SYLVA V R [2017] NZCA 567
- Citation
- [2017] NZCA 567
- Court
- Court of Appeal
Photographic identification was admissible and sufficiently reliable given prior acquaintance, proximity and corroborating detail; recall of the identification witness was lawful and non-prejudicial (trial counsel consented); the judge's answers to the jury were accurate and did not misstate the burden or convert identification into a fact of whereabouts; prosecutorial remarks were peripheral and did not cause miscarriage; a Papadopoulos direction was not required before a majority verdict direction in the circumstances; sentencing fell within the appropriate Mako range and the judge acted wi…