New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Proviso s 385(1)

Legal area

Court

5 Feb 2013

BAIRD v R SC 84/2012

Citation

SC 84/2012
Court

Supreme Court

Even if the trial summing-up was defective regarding s 66(1), the Court of Appeal correctly assessed the totality of the evidence and concluded conviction under s 66(2) was inevitable; accordingly there was no substantial miscarriage of justice and leave to appeal was dismissed.
2 Nov 2010

TUHURA V R SC 61/2010

Citation

SC 61/2010
Court

Supreme Court

The Court refused leave because the Court of Appeal was entitled to reject the applicant's account as implausible beyond mere credibility conflict; accordingly the proviso could be applied and no substantial miscarriage of justice resulted despite exclusion of the medical evidence.