Fahey v R - [2018] 2 NZLR 392

Criminal law — Appeal against conviction to Court of Appeal — Fair trial — Miscarriage of justice — Self-representation — Whether right to self-representation denied or compromised — Whether self-representation compatible with standby counsel — Onus on appellant to show miscarriage of justice — Sentencing Act 2002, s 30.

Criminal practice and procedure — Fair trial — Miscarriage of justice — Evidence — Self-representation — Whether minimum standards met — Whether trial court discharged its obligations to self-represented defendant — Whether defence compromised because standby counsel also appointed amicus — Whether propensity witnesses should have been called — Whether propensity evidence relevant — Evidence Act 2006, s 7.

Practice and procedure — Amicus curiae — Standby counsel — Appointments of the court — New terminology suggested — Difference between roles of amicus and standby counsel explained for future practice.