10 Mar 2021
BIDDLE v R [2021] NZCA 57
- Citation
- [2021] NZCA 57
- Court
- Court of Appeal
The Court held the jury-related procedural irregularity did not produce a miscarriage of justice because the judge's initial response, subsequent record, defence awareness and conduct amounted to an informed election not to challenge the juror; the Crown's gang-related theory and expert evidence were supported by admissible material and appropriately challenged and directed to the jury; counterintuitive evidence was admitted in limited form under s9 and the jury were properly directed about its limited probative weight; prior convictions were admissible because Biddle put his character in iss…