18 Dec 2020
NATHAN v THE NEW ZEALAND POLICE [2020] NZHC 3452
- Citation
- [2020] NZHC 3452
- Court
- High Court
The Judge erred by admitting the 111 recording after the prosecution had closed without having heard or assessed it and where the recording was available to the prosecution, creating an appearance of judicial partisanship and breaching s98; the failure to cross-examine the complainant on her prior inconsistent statement about whether her breathing was impeded created a real risk of wrongful conviction on the strangulation charge; the trial Judge gave insufficient reasons for wholly rejecting the defendant's evidence; accordingly the convictions were unsafe, appeal allowed and a new trial orde…