7 Sept 2021
ENGLAND v CORRECTIONS [2021] NZCA 443
- Citation
- [2021] NZCA 443
- Court
- Court of Appeal
Leave to adduce further evidence granted; appeal allowed because counsel failed to follow appellant's instructions and failed to obtain and present expert evidence thereby denying the appellant an effective hearing and producing a miscarriage of justice; ESO quashed, ISO reactivated, and matter remitted to the District Court for rehearing so evidence can be tested and submissions properly made; noted that jurisdiction under s107IAA(1)(d) and the basis for a 10-year term were at least arguable and required fuller exploration.