9 May 2019
T (CA742/2017) v R [2019] NZCA 150
- Citation
- [2019] NZCA 150
- Court
- Court of Appeal
The Court held there was no real risk of bias from the juror's former police employment because she had left the force years earlier, had no connection to the case or investigators, had disclosed her past employment to the Judge and affirmed impartiality, and any procedural omission (Judge not notifying counsel) did not produce prejudice; defence counsel's decision not to call the appellant to avoid a highly prejudicial video was a competent tactical choice and did not cause a miscarriage of justice; sentencing was manifestly excessive and was reduced accordingly with MPI reduced to reflect t…