3 Sept 2021
ATONE IULIANO v R [2021] NZCA 432
- Citation
- [2021] NZCA 432
- Court
- Court of Appeal
The judge did not err in discharging the foreperson under s22 because she was incapable of performing her duties while awaiting a COVID-19 test result and the judge properly exercised discretion in the interests of justice to proceed with the remaining ten jurors; the refusal to permit limited cross-examination on the social worker's note was an error of evidence rulings but was harmless beyond reasonable doubt; allowing the brother to state he came to believe the complainant was admissible and properly directed by the judge; appeal dismissed.