16 Aug 2021
T (CA797/2018) v R [2021] NZCA 380
- Citation
- [2021] NZCA 380
- Court
- Court of Appeal
The Court held the decision not to call the son and to agree to the ERI edit were reasonable tactical choices after proper consultation; the risks of calling the son (potentially corroborative but also potentially harmful evidence and contradiction with other defence witnesses) outweighed any benefit, counsel acted competently, and those decisions did not produce a miscarriage of justice, so the convictions stand even though further affidavit evidence was admitted on appeal.