16 Dec 2016
W (CA157/2016) v R [2016] NZCA 615
- Citation
- [2016] NZCA 615
- Court
- Court of Appeal
The Crown erred by not disclosing the Facebook/text messages as soon as reasonably practicable once they were in police possession, but that non‑disclosure did not create a real risk of miscarriage because the probative value lay in the existence of the messages which was provable and did not alter the jury's assessment; there was no trial counsel error sufficient to overturn convictions; the 13.5 year sentence with a 50% MPI was within permitted range and not manifestly excessive; extension of time to appeal was granted and both appeals dismissed.