28 May 2020
OSBORNE v R [2020] NZCA 192
- Citation
- [2020] NZCA 192
- Court
- Court of Appeal
The recall application was declined because the applicant failed to establish a fundamental procedural error in the 2010 appeal: the Court had considered provocation and found no adequate factual foundation given inconsistent accounts and overwhelming forensic evidence; the new psychiatric report did not demonstrate lack of capacity to plead or otherwise change that conclusion; and alternative remedies exist, so no recall was warranted.