Shane Huia Matenga v The Queen - SC 50/2008
Summary
Criminal appeal – Crimes Act 1961 s 385(1) – applicant was convicted of rape and unlawful sexual connection – at trial, inadmissible expert opinion evidence was given as to the central issue of consent – on appeal, the Court of Appeal held that, while there was a risk of a miscarriage of justice under s 385(1)(c), the proviso should be applied as no substantial miscarriage of justice had actually occurred – whether the Court of Appeal applied the correct principles in deciding to apply the proviso – whether the finding that there was a risk of a miscarriage of justice is incompatible with the holding that no substantial miscarriage of justice had actually occurred.[2008] NZCA 260 CA 216/07 28 July 2008
Related Documents
Leave judgment - leave granted — MATENGA v R SC 50/2008 [20 October 2008] (PDF 12 KB)
Additional Information
20 October 2008.
13 March 2009.