24 May 2019
YUSUKE (DAVID) SENA v NEW ZEALAND POLICE [2019] NZSC 55
- Citation
- [2019] 1 NZLR 575
- Court
- Supreme Court
Section 232(2)(b) must be applied as a rehearing-style review for judge-alone trials such that adequate reasons showing the judge's assessment of the evidence are required; where reasons mischaracterise or fail to resolve critical factual disputes so as to mis-assess the evidence and create a real risk the outcome was affected (miscarriage of justice), convictions must be quashed. Applying that standard, the trial judge's treatment of the 9 January 2016 evidence was deficient and the resulting convictions miscarried, therefore appeal allowed, convictions quashed and new trial directed.