29 Aug 2019
MCKAY v R [2019] NZCA 393
- Citation
- [2019] NZCA 393
- Court
- Court of Appeal
Fresh evidence applications were granted but the conviction appeal was dismissed because the non‑calling of the witness did not produce a miscarriage: the witness's proposed evidence was equivocal, of limited probative value and would not materially have affected the defence which focused on lack of opportunity; the Judge rightly declined a special reliability warning because the complainants' cognitive impairments had been fully explored at trial and a warning risked unduly emphasising that matter; the sentence of 11 years, which included a one year discount for age and ill health, was not m…