13 Nov 2019
HWANG v NEW ZEALAND POLICE [2019] NZCA 553
- Citation
- [2019] NZCA 553
- Court
- Court of Appeal
The Court refused to admit the purported fresh evidence because it was not sufficiently fresh nor credible/cogent (authenticity of Kakao Talk messages doubtful); the trial Judge did not reverse the onus of proof and was entitled to reject the appellant's account in light of corroborating direct and circumstantial evidence; identification was sufficiently reliable despite caveats and the appeal against conviction was dismissed.