22 Jul 2016
WINDERS v R [2016] NZCA 350
- Citation
- [2016] NZCA 350
- Court
- Court of Appeal
The Court granted leave but dismissed the appeal: it upheld the trial judge's admission of the propensity evidence under s43 because the incidents formed a coherent pattern probative of a tendency to use firearms dangerously and the probative value outweighed prejudice; it held the photo montage qualified as a formal procedure under s45(1) because the 10–24 day delay was reasonable in the investigative context and the montage was fair, so the identification was admissible; and it held the interview statements admissible because there was no causal nexus between the unlawful arrest/detention a…