19 Sept 2018
HEWITT v R [2018] NZCA 374
- Citation
- [2018] NZCA 374
- Court
- Court of Appeal
The prosecutor's challenge to the appellant's alibi crossed the protection in s32 of the Evidence Act 2006 and the judge was obliged to give the statutory s32 direction but failed to do so; despite that breach, on the facts and strength of the Crown case the omission did not cause a miscarriage of justice and convictions stand; however the original sentence was manifestly excessive and was reduced to reflect totality, treatment and rehabilitation needs, and inappropriate uplift for historical convictions was not sustained; permanent suppression ordered for specified paragraphs of judgment.