21 Oct 2022
DARLING v R [2022] NZCA 504
- Citation
- [2022] NZCA 504
- Court
- Court of Appeal
The Court held that the acquittal of the alleged principal undermined proof of the substantive robbery and/or the necessary common intention required by s 235(b); there was no separate admissible evidence against the appellant to sustain a conviction independently of the principal, therefore the appellant could not in law have been convicted and a miscarriage of justice occurred, warranting quashing the conviction and granting extension of time.