New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Disabling (stupefying drug)
  • 8 Aug 2023

    HORN v R [2023] NZCA 353

    Citation
    [2023] NZCA 353
    Court
    Court of Appeal

    Dismissing the disabling charge did not render evidence that the complainant fell drowsy or unconscious after drinking the orange juice inadmissible on the remaining rape charge; that evidence was relevant to consent and reasonable belief and could be considered by the jury; no mistrial or exclusion was required; the trial directions, while capable of being more tailored, were adequate and there was no miscarriage of justice; the sentence imposed was within the permissible range and not manifestly excessive.