New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Fresh evidence threshold
  • 21 Mar 2018

    DANIELS v R [2018] NZCA 62

    Citation
    [2018] NZCA 62
    Court
    Court of Appeal

    The new alibi evidence was not admitted because it was not fresh and lacked sufficient probative cogency to create a real risk of miscarriage of justice (it was consistent with the complainant's evidence that the appellant spent the day with his daughter and therefore did not materially undermine the convictions). On sentencing, a four-year starting point for supply of approximately 13 grams of methamphetamine and a cumulative uplift of 22 months for serious violence (strangulation), multiple threats and prior offending were held to be within the available range and not manifestly excessive;…