New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Severance (joinder of trials)
  • 10 May 2021

    WAA v R [2021] NZCA 172

    Citation
    [2021] NZCA 172
    Court
    Court of Appeal

    The Court dismissed the leave application because none of the proposed grounds were reasonably arguable under the statutory appeal criteria: the trial judge correctly applied the law on severance and gave adequate directions; issues about Witness A's incentives, corroboration and credibility were matters the jury could assess and did not render the verdict unsafe; references to other alleged crimes were tactical and not shown to be prejudicial; and the applicant's prolonged and inordinate delay (with resulting witness unavailability) compounded prejudice, removing any basis to grant a reheari…