5 Dec 2019
SMITH v R [2019] NZCA 621
- Citation
- [2019] NZCA 621
- Court
- Court of Appeal
Extension of time was granted; the propensity evidence was properly admissible with standard directions and did not require additional bespoke direction; absence of a further s122 reliability warning did not occasion a miscarriage given the defence case and available evidence and the general caution given; the judge's reference to "the prisoner" was an archaic, harmless remark made outside the jury and promptly corrected and did not breach the presumption of innocence affecting the verdict.