20 May 2016
STEWART v R [2016] NZCA 217
- Citation
- [2016] NZCA 217
- Court
- Court of Appeal
The judge did not err in discharging the second juror because she properly exercised discretion having found a real risk the juror would be preoccupied and incapable of performing her duty; the majority and Papadopoulos directions given to the resulting jury of ten were appropriate and did not cause a miscarriage of justice; the five year aggregate starting point and four month guilty plea discount were within lawful sentencing range; and a MPI was justified by the seriousness of offending, high reoffending risk and need to protect the complainant and community.