10 Apr 2018
FALWASSER & ANOR v R [2018] NZCA 79
- Citation
- [2018] NZCA 79
- Court
- Court of Appeal
Professor Schenk's expert evidence was inadmissible because it was not substantially helpful given the lack of individualised foundation (no neuropsychological testing and only the witness's bare admission of addiction), but the trial Judge erred by directing the jury to disregard possible effects of methamphetamine on observation and memory; that misdirection created a real risk of miscarriage of justice in respect of Falwasser so his conviction was set aside and a retrial ordered, while Stowell's conviction was unaffected and upheld.