20 Feb 2019
MEARS v R [2019] NZCA 9
- Citation
- [2019] NZCA 9
- Court
- Court of Appeal
The Court admitted the fresh evidence but held that, although the prosecutor and judge mistakenly suggested the appellant had viewed a specific video at 3:04am, other credible and corroborating evidence (notably mobile data records indicating probable video access at ~2:22am, circumstantial consistency, and the complainant's consistent account) meant there was not a real risk the verdict was affected; accordingly the appeal was dismissed.