30 Mar 2023
H (CA225/2022) v R [2023] NZCA 83
- Citation
- [2023] NZCA 83
- Court
- Court of Appeal
Because complainant credibility and reliability were the central, obvious issues for the jury and the Judge properly instructed the jury to assess credibility and reliability in a structured careful way, no s122 warning was required; giving one would not have materially assisted, risked confusing the jury or implying judicial doubt, and therefore no miscarriage of justice occurred and the appeal is dismissed.