8 Sept 2022
JAYSON WIREMU POIHIPI v R [2022] NZCA 421
- Citation
- [2022] NZCA 421
- Court
- Court of Appeal
Application to adduce further evidence on appeal was granted but the appeal was dismissed because trial counsel's conduct did not amount to error producing a real risk the verdict was unsafe: there was insufficient reliable evidence that psychedelic mushroom or prior methamphetamine use materially affected the appellant's appreciation that death was likely, counsel's advice not to give evidence was properly informed and strategically sound given risks to credibility, and no special failure to accommodate the appellant's vulnerabilities was established.