20 Oct 2022
R v TE POU [2022] NZHC 2731
- Citation
- [2022] NZHC 2731
- Court
- High Court
Although the defendant was likely involved, the circumstantial evidence (vehicle associations, undatable fingerprints, CCTV sighting seven hours later, later driving of stolen vehicle) did not, as a matter of law, exclude the reasonable possibility that the defendant was only generally associated or not present during the robbery; therefore no properly directed jury could be sure of guilt beyond reasonable doubt and the defendant must be discharged under s147.