20 Apr 2021
MONTAPERTO v R [2021] NZCA 126
- Citation
- [2021] NZCA 126
- Court
- Court of Appeal
The Court concluded the convictions were unsafe and quashed them and exercised its discretion not to order a new trial.
New Zealand Case Law
Safety of conviction
29 May 2019
KUMAR v R [2019] NZCA 191
- Citation
- [2019] NZCA 191
- Court
- Court of Appeal
The Court declined the application for a non‑party disclosure hearing because the applicant failed to establish a realistic evidentiary foundation or sufficient relevance for the medical records referring to "other rapes", adequate material had already been disclosed and used at trial, and disclosure would be speculative, unnecessary and weighed against complainant confidentiality and statutory evidentiary limits.
2 Jun 2016
90cb7fef-d3d1-481f-afd8-b31f01247ded.pdf
- Citation
- openlaw-0bbad5b9_23ff_4d85_9cba_154874a9da56.pdf
- Court
- Court of Appeal
The Court concluded the convictions in CA689/2014 and CA28/2015 were unsafe and therefore allowed those appeals and quashed the convictions.