7 May 2021
PHILLIP DALE JOHNSON v R [2021] NZCA 171
- Citation
- [2021] NZCA 171
- Court
- Court of Appeal
Appellant received a fair trial. Counsel had reasonably prepared and had not been instructed to produce the video pre-trial; the cellphone recording, when viewed, was neither fresh nor cogent and did not exonerate appellant (audio showed appellant verbally aggressive and did not exclude appellant striking the victim); restricted access to medication did not impair appellant's ability to give coherent evidence; sentence was not manifestly excessive. Therefore leave to adduce fresh evidence was refused and both conviction and sentence appeals were dismissed.