New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Juror discharge
  • 16 Nov 2022

    AUVAE TUPA’I v R [2022] NZSC 132

    Citation
    [2022] NZSC 132
    Court
    Supreme Court

    Leave to appeal denied because the trial judge, after a careful investigatory process and consultation with counsel, lawfully discharged a juror who indicated she could not continue; the discharge fell within the Juries Act discretion, the Court of Appeal correctly deferred to the trial judge's assessment of demeanour and dynamics, and no miscarriage of justice or question of public importance was shown.

  • 3 Sept 2021

    ATONE IULIANO v R [2021] NZCA 432

    Citation
    [2021] NZCA 432
    Court
    Court of Appeal

    The judge did not err in discharging the foreperson under s22 because she was incapable of performing her duties while awaiting a COVID-19 test result and the judge properly exercised discretion in the interests of justice to proceed with the remaining ten jurors; the refusal to permit limited cross-examination on the social worker's note was an error of evidence rulings but was harmless beyond reasonable doubt; allowing the brother to state he came to believe the complainant was admissible and properly directed by the judge; appeal dismissed.

  • 25 May 2016

    POA v R [2016] NZCA 222

    Citation
    [2016] NZCA 222
    Court
    Court of Appeal

    Extension of time granted; all grounds of appeal rejected. Trial judge's discretionary rulings on juror issues, trial management, evidentiary rulings including s44, mode of evidence, remand evidence and propensity admissibility were within lawful discretion or any defects were harmless. Propensity directions, though capable of clearer expression, were adequate in context and errors could not have affected the verdict. Sentence of 15 years (with seven-year minimum) was within the applicable band and not manifestly excessive.