21 May 2021
KELLY JAMES EMERY v R [2021] NZCA 158
- Citation
- [2021] NZCA 158
- Court
- Court of Appeal
The Court held the convictions would not be disturbed: prosecutor statements and alleged summing-up errors did not create a real risk the verdicts were affected given the trial Judge's rulings, the context of a single joint enterprise, counsel expressly declining a fuller judicial summary, and the admissibility and probative value of the challenged evidence. Sentences were quashed and remitted for re-sentencing because the appellants should be given the opportunity to present s27 cultural material and because sentencing assessments (starting points and MPIs) required rehearing by the trial co…