Geoffrey Paul Affleck v The Queen - SC 78/2006
Summary
Criminal – appeal against conviction – trial conducted on basis that applicant’s wife was asleep during alleged sexual offending against daughter’s friend – wife present in Court but did not give evidence – wife gave evidence to Court of Appeal that she was awake and witnessed no offending – whether Court of Appeal erred in finding it “inconceivable” that such crucial evidence would not have been communicated to, or would have been ignored by, counsel – whether Court of Appeal erred in rejecting evidence as honest but “implausible” and in refusing to order a re-trial. CA 446/05 14 September 2006
Result
The application for leave to appeal is dismissed.
4 December 2006
4 December 2006
Related Documents
Court of Appeal decision — R v Affleck CA446/05 [2006] NZCA 456 (14 September 2006)
Leave judgment - leave dismissed — GEOFFREY PAUL AFFLECK v R SC 78/2006 [4 December 2006] (PDF 66 KB)