10 Jun 2022
GREENDRAKE v McCONNOCHIE [2022] NZHC 1369
- Citation
- [2022] NZHC 1369
- Court
- High Court
Leave to appeal was refused because the asserted grounds did not establish an arguable error of law. The trial judge lawfully applied Evidence Act provisions in excluding a dock identification and in controlling re‑examination, and his findings that the prosecution failed to prove identification and other elements beyond reasonable doubt were open on the evidence; no miscarriage of justice was shown to justify ordering a new trial.
- Leave to appeal on question of law
- Dock identification / visual identification (s45 evidence act)
- Re-examination (s97 evidence act)
- Previous statements and hearsay
- Standard of proof beyond reasonable doubt
- Miscarriage of justice