19 Sept 2019
MOHI v R [2019] NZCA 441
- Citation
- [2019] NZCA 441
- Court
- Court of Appeal
Although the Crown conceded delayed disclosure of additional fingerprint lifts, the late material was not shown to be materially prejudicial: the defence had already advanced and explored the plausible alternative explanations at trial, the additional lifts did not implicate the appellant and did not alter the central issue of whether he was involved; therefore no real risk of miscarriage of justice existed and conviction stands. On sentence, the trial judge's starting point was consistent with appellate guidance for dwelling burglaries and the uplift for prior convictions, while arguably ste…