29 Jul 2015
McLAUGHLIN v R CA752/2013 [2015] NZCA 339
- Citation
- [2015] NZCA 339
- Court
- Court of Appeal
Appeal dismissed. DNA evidence identifying appellant as the source of the male component had evidential value and, although experts could not determine direct versus indirect transfer, the jury was entitled to infer direct transfer in context; the judge erred by not fully complying with s 124(3)(c) but the error was harmless because there was no material risk of miscarriage given the overwhelming Crown case; s 32 did not apply to the initial interview because the appellant actively lied; the summing-up was not unfair.