20 Dec 2019
MARK EDWARD LUNDY v R [2019] NZSC 152
- Citation
- [2019] NZSC 152
- Court
- Supreme Court
Admission of the mRNA evidence was erroneous but not a fundamental incurable error; the Crown's case did not depend solely on the mRNA evidence because IHC and DNA results, together with corroborating circumstantial facts (Amber's blood, paint fragments, staging, fuel/odometer analysis, motive), established beyond reasonable doubt that the tissue on the appellant's shirt came from Mrs Lundy's brain and that he committed the murders, so under Crimes Act s 385(1) the proviso applies and the appeal is dismissed.