16 Dec 2016
MCMASTER v R [2016] NZCA 612
- Citation
- [2016] NZCA 612
- Court
- Court of Appeal
The Court declined to exercise its inherent jurisdiction to reopen the appellants' concluded appeals because the applicants failed to show a fundamental error of appellate process that impeached the earlier decision, alternative remedies (eg s 406 Crimes Act) remained available, and the acquittal of Morton did not on its own establish an unavoidable inconsistency or miscarriage of justice given materially different evidence at the retrial (notably the accuseds' testimony).