14 Jun 2023
HEREMAIA v R [2023] NZCA 232
- Citation
- [2023] NZCA 232
- Court
- Court of Appeal
The Court dismissed the appeals: the trial Judge did not err in declining to give a mandatory s124 lies direction or a s126 voice identification warning, and her directions regarding DNA evidence, prejudice and sympathy were adequate; on sentence the Judge did not err in a nine year starting point or in applying a 25% global discount for personal circumstances, the two month bail credit was appropriate and no COVID-19 visitation credit was warranted, therefore no miscarriage of justice was shown.
- Lies direction (evidence act s124)
- Voice identification (evidence act s126)
- Dna evidence admissibility and use
- Prejudice and sympathy directions
- Taueki sentencing bands
- Discounts for ill health and diminished capacity