11 Apr 2016
FERREIRA v R [2016] NZCA 116
- Citation
- [2016] NZCA 116
- Court
- Court of Appeal
The application to adduce new evidence was refused because the proposed affidavits were neither credible nor fresh; contemporaneous records, trial counsel's affidavit and the trial judge's assessment established the appellant had practical fluency in English so no interpreter was required and the trial was fair; the evidence (video and complainant asleep) was sufficient to establish penetration and lack of consent beyond reasonable doubt, therefore the appeal against conviction is dismissed.