3 Aug 2018
NICHOLAS BIRCH v R [2018] NZCA 283
- Citation
- [2018] NZCA 283
- Court
- Court of Appeal
The jury could reasonably convict on the obstruction charge because the evidence permitted inferences that the appellant remotely factory reset the iPhone and other explanations were properly open to be rejected by the jury; however the trial judge erred in amending the indecent act charge to encompass an alternative transaction/date, causing prejudice because a single charge must relate to a single transaction and the late amendment undermined the integrity of the verdict, therefore the indecent act conviction is quashed and no retrial ordered given time served.