30 Oct 2019
MACGILLIVRAY v R [2019] NZCA 522
- Citation
- [2019] NZCA 522
- Court
- Court of Appeal
Although the judge erred by not giving a specific s122 warning about prejudice from deceased potential witnesses, the trial judge's general directions on delay and memory, the defence and Crown cross-examination, and counsel's addresses sufficiently brought the prejudice issues to the jury; cross-examination on the redacted diary entry and the absence of a s122 motive warning regarding the ex-wife did not render the trial unfair; suppression under s200 was unsupported and declined.