New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Fresh and cogent evidence

Legal area

Court

16 Jul 2020

JUNEJA v NZ POLICE [2020] NZHC 1728

Citation

[2020] NZHC 1728
Court

High Court

The Judge did not err: although he did not enumerate mitigating factors at the first step, he considered them in the required disproportionality analysis; immigration consequences were rightly left for INZ's assessment and the fresh INZ material did not show the conviction was the sole or decisive factor; counsel's conduct and lack of interpreter did not demonstrate prejudice or miscarriage of justice. Appeal dismissed.
16 Apr 2014

CORBETT V PATTERSON AND WESTERN CA303/2011 [2014] NZCA 145

Citation

[2014] NZCA 145
Court

Court of Appeal

The recall application was dismissed because no intervening statutory or authoritative decision was shown, no counsel failure to draw relevant law was demonstrated, and the matters raised did not constitute the required very special reason or fresh and cogent evidence (including the proposed cross-examination of Dr Brinded) to justify recall; accordingly the judgment must stand and costs follow the event.