4 May 2016
WAIWAI v R [2016] NZCA 167
- Citation
- [2016] NZCA 167
- Court
- Court of Appeal
The conviction was upheld because the jury could reasonably conclude beyond reasonable doubt that the appellant participated in the assault: timing uncertainties left an opportunity contrary to the alibi, the identification by an experienced officer who had prior dealings with the appellant was reliable, Munro's statement and testimony were admissible and not unfairly prejudicial, and references to gang context were relevant, responsive to defence questioning and properly directed by the judge.