27 Apr 2021
SEMMENS v R [2021] NZCA 135
- Citation
- [2021] NZCA 135
- Court
- Court of Appeal
Joint trial and admission of A's pregnancy/termination evidence did not produce a miscarriage of justice because that evidence was relatively self-contained, was neutrally presented, and the Judge gave clear directions limiting use; the Judge's s92 directions contained overstatements criticising defence counsel but, viewed in the context of the comprehensive summing up and strong Crown case, those errors did not create a real risk the verdicts were affected; however the sentencing starting point of 12 years 2 months was outside the available range and was reduced to an overall starting point…