19 Jul 2018
SWAIN v R [2018] NZCA 259
- Citation
- [2018] NZCA 259
- Court
- Court of Appeal
No miscarriage of justice was established. Defence counsel were experienced, properly prepared and made reasonable tactical choices; appellant withheld primary leads preventing useful investigation; proposed fresh evidence was largely inadmissible, hearsay, unsigned and immaterial; AVL interruptions and failures to give tailored s122 or s123 directions were not causative of unfairness in context; disclosure of prior convictions did not warrant mistrial and a direction was sufficient; the MPI of 14 years was within available range on the facts and additional offending, so sentence uplift was j…