New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Section 59 defence (reasonable force)
  • 1 Aug 2016

    S v R [2016] NZCA 367

    Citation
    [2016] NZCA 367
    Court
    Court of Appeal

    The Court held that the medical evidence, while not excluding accident, combined with other probative evidence (bruise pattern, contemporaneous statements, propensity/state of mind material and inconsistencies) was sufficient for a properly directed jury to be sure beyond reasonable doubt; the judge's directions and question trail were adequate; the exclusion of the draft letter was erroneous but harmless because equivalent evidence was before the jury; the seven-year sentence was an orthodox application of Taueki and not manifestly excessive; extension of time was granted and the appeal dism…