20 Apr 2021
MONTAPERTO v R [2021] NZCA 170
- Citation
- [2021] NZCA 170
- Court
- Court of Appeal
On the balance of probabilities the jury foreman received credible extrinsic information that the appellant was a prime suspect in the Teresa Cormack murder and communicated that information to other jurors before deliberations; that transmission of materially prejudicial extrinsic information created a real risk of miscarriage of justice by producing apparent bias, rendering the 1988 convictions unsafe and requiring them to be quashed; no retrial ordered given lapse of time and sentence served.