19 Apr 2018
S (CA377/2017) v R [2018] NZCA 101
- Citation
- [2018] NZCA 101
- Court
- Court of Appeal
Majority held counsel's election of a jury trial without advising the appellant of the judge-alone option did not of itself render the trial unfair or constitute a miscarriage of justice; appellant must show the counsel error created a real risk the outcome was affected. Joinder and admission of propensity evidence were lawful because similarities had probative linkage to consent issues. Sentence of 16 years with MPI 8.5 years was manifestly excessive; concurrent sentences on the representative charges were reduced to 14.5 years and MPI reduced to 8 years; convictions on two historic assaults…