New Zealand Case Law: Decisions & Judgments

Topic

Right to give evidence

Legal area

Court

3 May 2023

MOHAMED v THE KING [2023] NZCA 143

Citation

[2023] NZCA 143
Court

Court of Appeal

The Court held counsel did not err: the appellant was given reasonable, clear advice and made an informed voluntary election not to give evidence; counsel reasonably declined to advance an unsubstantiated 'George/Red' defence and had no basis to investigate it further; consenting to admission of the unavailable witness's written statement was reasonable and did not cause a miscarriage of justice given the strength of the Crown case; identification evidence and circumstantial evidence about imprisonment/deportation and items at the address were admissible and any prejudicial effect was address…
16 Dec 2020

PRITCHARD v NEW ZEALAND POLICE [2020] NZHC 3363

Citation

[2020] NZHC 3363
Court

High Court

Counsel's assessment and advice that the appellant need not give evidence was misplaced, the appellant was not provided with adequate contemporaneous advice or a brief to enable an informed election, important prosecution evidence remained uncontradicted and a miscarriage of justice resulted; appeal allowed and retrial ordered.
6 Aug 2020

C (SC 17/2020) v R [2020] NZSC 77

Citation

[2020] NZSC 77
Court

Supreme Court

Extension of time was granted because delay was adequately explained; leave to appeal was dismissed because the Court of Appeal's factual and credibility findings that trial counsel had adequately prepared, acted according to instructions and properly advised the defendant were not shown to be erroneous and there was no matter of public importance or real risk of miscarriage of justice, including no basis to conclude the unavailable police interview would have changed the decision to give evidence.
3 Jul 2020

MANIRAKIZA v NEW ZEALAND POLICE [2020] NZHC 1555

Citation

[2020] NZHC 1555
Court

High Court

Defense counsel's failure to brief witness Osei before trial was an error that directly affected the appellant's informed decision not to give evidence; that error created a real risk the verdict was affected under s 232, amounting to a miscarriage of justice; appeal allowed, conviction and sentence set aside and a new trial ordered.
11 Jun 2018

JONES v NEW ZEALAND POLICE [2018] NZHC 1373

Citation

[2018] NZHC 1373
Court

High Court

Affidavit evidence from counsel and an observing law clerk established the appellant acquiesced and signed a waiver after receiving advice; counsel did not act contrary to instructions, the appellant's evidence would not materially have advanced his case given comprehensive cross-examination, and therefore no real risk of an unsafe verdict and no unfair trial; appeal dismissed.
16 Jun 2010

BLAKE V R SC 23/2010

Citation

SC 23/2010
Court

Supreme Court

The Supreme Court dismissed the leave application because, on the evidence accepted by the Court of Appeal and viewed on the record, it was highly improbable the applicant would have entered the witness box even if correctly advised; therefore the proviso in s 385(1) applied and no miscarriage of justice requiring quashing was established, and this Court would not overturn the Court of Appeal's credibility assessment.

New Zealand Case Law

MOHAMED v THE KING [2023] NZCA 143

PRITCHARD v NEW ZEALAND POLICE [2020] NZHC 3363

C (SC 17/2020) v R [2020] NZSC 77

MANIRAKIZA v NEW ZEALAND POLICE [2020] NZHC 1555

JONES v NEW ZEALAND POLICE [2018] NZHC 1373

BLAKE V R SC 23/2010