9 Oct 2018
BENATZKY v R [2018] NZCA 413
- Citation
- [2018] NZCA 413
- Court
- Court of Appeal
The Court held the trial judge's limitations on juror access to the video and comments in the summing up were not prejudicial because the video's content had limited probative value on the contested issues and the matters relied on by the defence would not be resolved by closer viewing; the jury did not seek replay; the evidence supported findings of intent to harm in sending the images and video under s22 HDC Act, and the convictions were therefore affirmed.