New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Trial representation and counsel substitution
  • 19 Jun 2009

    K V R SC 33/2009

    Citation
    SC 33/2009
    Court
    Supreme Court

    Leave to appeal is dismissed because the circumstances did not create a real risk of miscarriage of justice: the late material was inadmissible, there was no evidence the applicant intended to give oral evidence beyond producing documents, the judge took appropriate steps (including adjournment and obtaining replacement counsel) and no specific prejudice was shown.

    • Right to a fair trial
    • Miscarriage of justice
    • Trial representation and counsel substitution
    • Election not to call evidence
    • Adjournment
    • S139 criminal justice act 1985 (publication prohibition)