18 Dec 2020
KEMPSON v R [2020] NZCA 656
- Citation
- [2020] NZCA 656
- Court
- Court of Appeal
The Court held that consent (including an honest but mistaken belief in consent) is not a defence to a murder charge under s167(b) where the offender meant to cause bodily injury known to be likely to cause death and was reckless whether death ensued; the trial Judge gave proper directions on propensity and pathology evidence; inadmissible statistical material (a small Polish study) should not have been used but did not create a material risk of miscarriage in context; and s104(1) was engaged because the victim was particularly vulnerable and the offender's conduct demonstrated a high degree…