16 Oct 2020
HITCHCOCK v R [2020] NZCA 505
- Citation
- [2020] NZCA 505
- Court
- Court of Appeal
Because materially exculpatory text messages from the complainant were not disclosed and would have materially supported a consent defence or reasonable belief in consent, there was a very special reason to recall the earlier appeal judgment; the further evidence is admitted and convictions on Counts 1 and 3 are quashed; substitution of convictions was not appropriate given the potential effect of the undisclosed evidence on juror assessment; no retrial ordered; remaining cumulative sentences amended to be concurrent effective 15 April 2015.