New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Witness recall

Legal area

Court

18 Dec 2018

SHEN v OSSYANIN [2018] NZHC 3385

Citation

[2018] NZHC 3385
Court

High Court

The application to adduce the invoices and to recall witnesses was refused because the documents should have been discovered earlier and no adequate explanation for non‑discovery was provided; the documents had limited probative value on the central issue and their admission would cause unfair prejudice and significant expense by requiring witness recall; however leave to call Andreus Mitalaukis was granted as unopposed and appropriate.
6 Dec 2017

STEVEN IHAKA SYLVA V R [2017] NZCA 567

Citation

[2017] NZCA 567
Court

Court of Appeal

Photographic identification was admissible and sufficiently reliable given prior acquaintance, proximity and corroborating detail; recall of the identification witness was lawful and non-prejudicial (trial counsel consented); the judge's answers to the jury were accurate and did not misstate the burden or convert identification into a fact of whereabouts; prosecutorial remarks were peripheral and did not cause miscarriage; a Papadopoulos direction was not required before a majority verdict direction in the circumstances; sentencing fell within the appropriate Mako range and the judge acted wi…