New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Fitness to give evidence
  • 28 Jul 2021

    JUDD v R [2021] NZCA 345

    Citation
    [2021] NZCA 345
    Court
    Court of Appeal

    Appellant meaningfully participated in preparation and trial, made a considered and informed strategic election not to give evidence, and the subsequent diagnosis of Asperger's would not have materially altered that decision or the trial outcome; absence of trial modifications, communication assistance or expert demeanour evidence did not render the trial unfair or cause a miscarriage of justice.

    • Sexual offences
    • Trial fairness
    • Fitness to give evidence
    • Communication assistance
    • Fresh evidence