New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

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  • 28 Nov 2019

    BALLANTYNE v R [2019] NZCA 596

    Citation
    [2019] NZCA 596
    Court
    Court of Appeal

    Extension of time to appeal granted but appeal dismissed because the alleged non-disclosures and forensic lacunae did not demonstrate a miscarriage of justice: missing ESR pages were either disclosed elsewhere or not material; many samples were not tested for legitimate forensic reasons and/or would not have been probative (mitochondrial testing unavailable domestically, samples saturated with blood, residential hair deposition confounds attribution); contested forensic points (blood congealment, boot-heel stain, unidentified prints, absence of DNA on weapons or in wound) were either explored…