5 Apr 2017
S (CA140/2016) v R [2017] NZCA 110
- Citation
- [2017] NZCA 110
- Court
- Court of Appeal
The Court held there was no miscarriage of justice: the s 44 refusal was correct due to lack of necessary nexus and risk of re‑traumatisation, the charge amendments were lawful under s 133 and did not warrant additional special directions beyond orthodox credibility directions, and exclusion of the family violence questioning did not deprive the defence of a real opportunity to discredit the witness.