20 Dec 2018
JACOB MITCHELL CUMMINGS v NEW ZEALAND POLICE [2018] NZCA 622
- Citation
- [2018] NZCA 622
- Court
- Court of Appeal
Because the defendant elected to rely on his police statement and was on notice of the complainant's account, the prosecutor was not obliged to cross-examine him; the trial judge's finding that the complainant's account of the first part of the incident was more coherent and detailed was open on the evidence and excluded self-defence and defence of property, so no real risk of miscarriage arose and the appeal is dismissed.