16 Nov 2018
HAWARD v R [2018] NZCA 506
- Citation
- [2018] NZCA 506
- Court
- Court of Appeal
Although leave was granted to adduce fresh expert evidence, the Court found the criticisms of the ESR work did not undermine the central forensic conclusions (probable semen at the introitus and a Y‑STR profile on a blind vaginal swab with LR ~420 favouring the appellant) nor create a real risk of an affected outcome; the trial judge's directions were adequate and defence counsel's tactical decision not to instruct a competing expert was reasonable, therefore no miscarriage of justice occurred and the appeals were dismissed.