7 Aug 2023
TE HIKO v R [2023] NZCA 347
- Citation
- [2023] NZCA 347
- Court
- Court of Appeal
Appellant failed to prove on the balance of probabilities that trial counsel committed errors that caused a real risk of a different outcome; cross-examination and closing consistently advanced a consent defence and were consistent with instructions available at trial, the issue of consent was squarely before the jury, and absent credible evidence of prejudice (and given lost files and deceased counsel) no miscarriage of justice is established; appeal dismissed and conviction upheld.