17 Mar 2017
LEEF v R [2017] NZCA 62
- Citation
- [2017] NZCA 62
- Court
- Court of Appeal
The Court held that the omission to direct the jury on the statutory defence and onus in s 202A(5) Crimes Act 1961 was a material error requiring quashing of Turner's conviction for possession of an offensive weapon; all other challenges by Turner including inference directions, failure to give a s 122 warning, and admission of fresh evidence were rejected for lack of demonstrated prejudice or cogency; Leef's challenge to sentence failed because the starting point and overall sentence fell within the available range and were justified by the gravity of the aggravated home invasion and his sig…