New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Insufficient evidence
  • 20 Apr 2018

    D (CA533/2016) v R [2018] NZCA 109

    Citation
    [2018] NZCA 109
    Court
    Court of Appeal

    Extensions of time to appeal were granted; trial judge's directions on demeanour were adequate and not prejudicial; representative counts were properly handled because the judge required unanimity as to a specific incident/location and correctly answered jury queries; the proposed 'fresh evidence' was not fresh nor undermining and did not render convictions unsafe; juror familiarity procedure was flawed in part but produced no miscarriage of justice given the routine nature of the witness evidence and counsel's position; challenged prejudicial material did not produce a miscarriage of justice…

  • 29 Sept 2017

    K (CA477/2016) v R [2017] NZCA 425

    Citation
    [2017] NZCA 425
    Court
    Court of Appeal

    The extension of time to file the notice of appeal was granted; on the merits the Court held there was sufficient evidence to support conviction on the representative rape charge, the mixed pattern of convictions and acquittals was rational and not fundamentally inconsistent, the representative charge period was appropriate for multiple similar offences over a relationship, the recent complaint evidence was admissible to rebut fabrication, and accordingly the appeal was dismissed; a publication prohibition under s200 was ordered.