31 Aug 2020
TOIA v R [2020] NZCA 416
- Citation
- [2020] NZCA 416
- Court
- Court of Appeal
Fresh evidence in the form of the witness's recantation and her subsequent perjury conviction established a miscarriage of justice requiring the conviction to be set aside; a retrial was declined as not being in the public interest given the twelve year delay, moderate seriousness of the offence and limited prospect of success; fines and costs paid were to be reimbursed with statutory interest.