25 Mar 2015
HONITANA v R CA262/2014 [2015] NZCA 91
- Citation
- [2015] NZCA 91
- Court
- Court of Appeal
Because trial counsel introduced, in closing, a new defence theory inconsistent with the case and without evidential foundation, the Court accepted this error was capable of causing a miscarriage of justice; the conviction for unlawful sexual connection was quashed and a new trial ordered, with a publication prohibition imposed for fair trial reasons.