31 Jul 2018
WINDERS v R [2018] NZCA 277
- Citation
- [2018] NZCA 277
- Court
- Court of Appeal
Propensity evidence admitted did not materially differ from pre-trial descriptions and, with careful directions, did not produce miscarriage; the police interview had been ruled admissible on pre-trial appeal and absent any material change in facts or law the Court will not relitigate that ruling on conviction appeal (any further challenge must go to the Supreme Court); juror concerns were minor and appropriately handled by the judge without creating prejudice; factual findings established calculated planning so s104(1)(b) applied and the 17-year minimum was required; the NZBORA breach did no…