7 Sept 2023
TUMAHAI v R [2023] NZCA 431
- Citation
- [2023] NZCA 431
- Court
- Court of Appeal
The appeal was allowed because a miscarriage of the sentencing process occurred: an application for discharge without conviction was never advanced through no fault of the appellant, effective representation was lacking at sentencing, and credible fresh evidence was now available that created a real possibility a different outcome would have occurred; accordingly the convictions were set aside and the matter remitted to the District Court for full reconsideration with the benefit of the fresh evidence.