17 Nov 2014
MICHALIK v R CA315/2014 [2014] NZCA 553
- Citation
- [2014] NZCA 553
- Court
- Court of Appeal
The judge's answers and directions were correct: there was no evidential basis that the complainant was mistaken about identity so it would have been improper to invite speculative inferences about reasonable belief; recent complaint evidence was properly admitted and described; the judge properly criticised defence counsel where counsel advanced factual assertions about alcohol effects without expert evidence; extension of time was granted but the appeal was dismissed.