New Zealand Case Law: Decisions & Judgments

Topic

Miscarriage of justice

Legal area

Court

20 Dec 2023

H (SC 69/2023) v R [2023] NZSC 166

Citation

[2023] NZSC 166
Court

Supreme Court

The omission of a s 122(2)(c) reliability caution did not give rise to a real risk of miscarriage of justice because the complainant's credibility was the dominant, plainly contested issue, the jury were properly instructed on onus and burden, and a specific s 122(2)(c) caution would likely have confused the jury and suggested a judicial view; accordingly leave to appeal was refused though extension of time was granted.
19 Dec 2023

L v R [2023] NZHC 3794

Citation

[2023] NZHC 3794
Court

High Court

The High Court held the trial judge did not err: the judge properly applied caution to the child’s EVI, accepted credible and consistent parts, and reasonably preferred the expert medical opinion that the burn pattern was more likely caused by boiling water poured on a restrained child; taken together the evidence met the beyond reasonable doubt standard and there was no real risk the verdict was unsafe.
12 Dec 2023

WEDGWOOD v R [2023] NZCA 638

Citation

[2023] NZCA 638
Court

Court of Appeal

The Court concluded the record showed reasonable accommodations were made and that appellant, with counsel, had the opportunity to consider and enter guilty pleas knowingly and voluntarily; there was no persuasive evidence his medical conditions or custody treatment prevented him understanding or intending his pleas or that the convictions were unjust, so no miscarriage of justice arose and the appeal was dismissed.
4 Dec 2023

CHASE v THE CROWN [2023] NZHC 3494

Citation

[2023] NZHC 3494
Court

High Court

The trial Judge's factual findings that the appellant had knowledge of and control over the methamphetamine were open on the evidence, the presumption of supply applied to the 167.1 gram quantity and was not rebutted, and no error in assessment created a real risk of an altered outcome; appeal dismissed.
30 Nov 2023

COMMISSIONER OF INLAND REVENUE v TAILOR [2023] NZHC 3452

Citation

[2023] NZHC 3452
Court

High Court

Recall is refused because applicants failed to establish any of the established grounds for recall: no new law or authority, no persuasive failure of advocacy or court process, no credible explanation for delay, applicants were aware of the hearing, and there is no real prospect that annulment of the bankruptcies would succeed; accordingly recalling the judgment would serve no purpose.
30 Nov 2023

ARANI v NEW ZEALAND POLICE [2023] NZHC 3450

Citation

[2023] NZHC 3450
Court

High Court

The trial judge did not err; there was sufficient evidence to find beyond reasonable doubt that the cyclist's lights were on or, alternatively, that the intersection was sufficiently well lit such that a reasonable and prudent driver would have seen and given way to the cyclist, therefore the appellant's driving was careless and the appeal is dismissed.
29 Nov 2023

BROWN v NEW ZEALAND POLICE [2023] NZHC 3430

Citation

[2023] NZHC 3430
Court

High Court

No error or irregularity in counsel or the District Court was established that created a real risk of miscarriage of justice; the guilty plea was properly retained, Police acted within statutory authority regarding breath and blood testing, and the appellant's identity/sovereign citizen arguments have no legal effect; appeal dismissed.
29 Nov 2023

F (CA539/2022) v R [2023] NZCA 604

Citation

[2023] NZCA 604
Court

Court of Appeal

Representative charges were appropriate because the complainant described a continuing course of conduct of the same type across the marriage with no meaningful distinguishing features by location; therefore the jury faced no real risk of convicting without a common factual foundation and the absence of an additional unanimity direction did not produce a miscarriage of justice, so the appeal is dismissed.
28 Nov 2023

TAMAHAGA v R [2023] NZCA 599

Citation

[2023] NZCA 599
Court

Court of Appeal

Counsel's tactical choice to focus on the contention that no violation occurred was within reasonable discretion given the evidence; there was no credible evidential foundation to treat identity as in issue requiring a s 126 warning; the appellant's post-conviction admissions were credible and, viewed with the totality of the evidence, the appellant did not establish a miscarriage of justice under s 229, so the appeal is dismissed.
28 Nov 2023

DONALDSON v R [2023] NZHC 3393

Citation

[2023] NZHC 3393
Court

High Court

The appeal is dismissed because the High Court, applying the rehearing standard with appropriate caution, found no error in the District Court judge's assessment of credibility and weight of evidence; the judge's findings that the complainant was honest and reliable and that the Crown had proved the elements beyond reasonable doubt were open to and properly reached by the trial judge and did not give rise to a miscarriage of justice.