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.