New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Cross-examination on prior convictions
  • 21 Dec 2016

    CARTER v R [2016] NZCA 629

    Citation
    [2016] NZCA 629
    Court
    Court of Appeal

    Appellant was a voluntary self‑representative with capacity to participate in trial; despite cognitive impairment the trial was fair given overwhelming and corroborated Crown evidence and appellant's combative, diversionary conduct; cross‑examination on prior dishonesty convictions was properly permitted and jury directions were adequate; sentencing did not warrant mitigation for cognitive impairment because offending was deliberate and planned, but the three‑month uplift for historic prior offending was erroneous and is removed, reducing concurrent sentences from 3 years 3 months to 3 years…