New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Mitigation for background and cultural factors
  • 16 Oct 2023

    B (CA589/2022) v R [2023] NZCA 499

    Citation
    [2023] NZCA 499
    Court
    Court of Appeal

    The Court dismissed the appeals: the summing up taken as a whole fairly and accurately presented the confined admission and emphatic denials so no real risk of miscarriage of justice arose; the trial judge correctly directed the jury on the neutral, educative purpose of counter-intuitive expert evidence; the 15% combined sentencing discount for personal and cultural background was within acceptable range given the seriousness and repeated nature of the sexual offending and the appellant's capacity for self-control; permanent suppression of the appellant's name, address and occupation was orde…

    • Appeal against conviction
    • Appeal against sentence
    • Miscarriage of justice
    • Counter-intuitive expert evidence
    • Judge's summing up
    • Mitigation for background and cultural factors