9 Dec 2021
CALEB BENJAMIN JUDD v R [2021] NZSC 174
- Citation
- [2021] NZSC 174
- Court
- Supreme Court
Leave to appeal was dismissed because the Court of Appeal had made factual findings that the applicant functioned adequately at trial and chose not to give evidence for reasons unrelated to an undiagnosed Asperger's diagnosis; the applicant effectively sought a second factual evaluation, which does not meet the statutory thresholds for leave (public importance or probable miscarriage of justice).