R v J(CA360/06)

In the case of R v J, the appellant was convicted in the District Court of two charges of indecent assault against his daughter. The appeal against his conviction was heard by the Court of Appeal of New Zealand, with O'Regan, Ellen France, and Wilson JJ presiding over the case. The main legal issue was whether the appellant's trial counsel was incompetent, leading to a miscarriage of justice. The Court considered the appellant's counsel's arguments, including allegations that trial counsel had advised the appellant not to give evidence, did not brief the appellant's wife and son, and did not object to the admission of prejudicial evidence. The Court also examined affidavits from the appellant, his wife, son, and trial counsel.

The Court of Appeal found that the combined effect of the admission of prejudicial evidence, the appellant not giving evidence, and the lack of direction to the jury on how to consider the evidence, created a substantial risk of real prejudice and an unsafe verdict. The Court allowed the appeal and quashed the convictions, ordering a retrial. The Court rejected the submission to direct an acquittal instead of a retrial, as it was in the interests of justice and fairness to the complainant to have a jury determine the final outcome of the case.