5 May 2016
RICHARD JAMES CAMERON MORTON v R [2016] NZSC 51
- Citation
- [2016] NZSC 51
- Court
- Supreme Court
Appeal allowed in part: exceptional circumstances under s49(2)(a) exist because strict application of s49(1) would practically preclude the appellant from presenting his only realistic defence (reasonable belief in consent); court granted permission under s49(2)(a) to admit evidence from appellant and certain co-defendants about their interactions and one prior sexual relationship but refused permission for recantation/inconsistent conduct evidence and refused to give a s49(2)(b) direction to displace conclusiveness of the convictions; convictions of co-defendants thus remain conclusive but o…