12 Jul 2022
PINK v R [2022] NZCA 306
- Citation
- [2022] NZCA 306
- Court
- Court of Appeal
The Court held s126 was engaged in the circumstances where the defendant admitted presence but disputed participation; the identification warning given satisfied the statutory content and was adequate; exclusion of witness Ms R was not justified and no separate s124 lies direction was required because the jury was unlikely to place undue weight on alleged lies and the Crown did not rely on them as consciousness of guilt; on sentencing the offending properly fell within the lower end of Taueki band 3 (10-year starting point available), the uplift for prior convictions was not disproportionate,…