24 Jul 2023
N (CA425/2022) v R [2023] NZCA 313
- Citation
- [2023] NZCA 313
- Court
- Court of Appeal
The Court dismissed both appeals: supplementary questioning was largely legitimate clarification and not impermissible repetition; prosecutor's repeated focus on absence of motive did not shift the onus because questions sought facts known to the accused and the jury were repeatedly and expressly directed that the Crown bore the burden and the accused had no obligation to prove motive; the closing, though forceful, was not improperly intemperate; and the sentencing Judge lawfully assessed the s27 cultural report, was entitled to give it no discount given inconsistencies and lack of causal lin…