13 Oct 2021
ZEPACKIC v R [2021] NZCA 527
- Citation
- [2021] NZCA 527
- Court
- Court of Appeal
No miscarriage of justice was established: the juror's discharge and any awareness of external protests were too speculative to have created a real risk of affecting the outcome given the judge's inquiries and directions and the jury's stated ability to continue; the prosecutor's questioning, while undesirable, was not sufficiently emotive, persistent or overbearing and was cured by the judge's strong direction; accordingly the appeal is dismissed while extension of time and leave to amend are granted.