22 Dec 2016
M (CA47/2016) v R [2016] NZCA 649
- Citation
- [2016] NZCA 649
- Court
- Court of Appeal
The Court concluded the Judge did not err: joinder and admission of family dynamics were properly within trial Judge's discretion; the proposed further evidence failed the fresh and cogent tests and much was tactical or available at trial; calling T was a considered defence decision and could have been prejudicial; alleged retraction was denied by A and did not warrant special direction; interpreter and communication concerns were not substantiated. Accordingly the application to adduce further evidence was refused and the appeal against conviction dismissed.