17 Oct 2017
D (CA368/2017) v R [2017] NZCA 464
- Citation
- [2017] NZCA 464
- Court
- Court of Appeal
The Court held the appellant did not suffer unfair prejudice from delay given speculative nature of alleged lost evidence and comprehensive judicial directions; the s44 application lacked evidential foundation so cross-examination about prior allegations was rightly excluded; the hearsay letter was rightly excluded as unreliable and possibly solicited by the accused; the late amendment to the date range corrected an evidential error and caused no unfairness; the summing up and directions, though imperfect, were sufficient and omission of a tripartite direction was not fatal; the jury verdicts…