20 Nov 2020
T (CA502/2018) v R [2020] NZCA 578
- Citation
- [2020] NZCA 578
- Court
- Court of Appeal
The Court held that 'trial' in the miscarriage of justice provision of s 232(4) concerns errors affecting conviction, not sentencing; NZBORA does not require a different reading; therefore fresh evidence about risk relevant only to sentencing cannot be used to overturn conviction under s 232(4); a conviction appeal cannot be maintained while the appellant keeps a guilty plea; accordingly the conviction appeal was dismissed.