New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Counsel conduct/strategic choices
  • 21 Sept 2017

    MOHAMAD v POLICE [2017] NZHC 2290

    Citation
    [2017] NZHC 2290
    Court
    High Court

    Although the constable's description of the neck mark as 'fresh' amounted to inadmissible lay opinion about timing, the error was harmless because the admissible fact of a neck injury proximate to the incident supported the complainant's account and the judge did not rely on 'freshness'; trial counsel's decisions (not to summons R and to rely on the apparent willingness of R to attend) were reasonable and did not cause a miscarriage of justice; the written statement was lawfully obtained because rights were communicated and no request for counsel or interpreter was made; unauthenticated GPS/t…