7 Nov 2019
GEBBIE v R [2019] NZCA 540
- Citation
- [2019] NZCA 540
- Court
- Court of Appeal
No miscarriage of justice occurred from the late provision of the Family Court file because delays were attributable to the Family Court, no material was identified that ought to have been put to the complainant, and trial counsel could have sought an adjournment; additionally the sentencing Judge had statutory power under s 123B Sentencing Act 2002 to make a protection order in the circumstances, so the appeal against conviction and sentence fails.