Where the preferred practice in R v NZ regarding videotaped evidence in chief of child witnesses is not followed, the question is whether a miscarriage of justice has occurred on the particular facts. Rule 4 of the Criminal Procedure Rules may apply where experienced defence counsel fails to object to the videotape being sent to the jury room, particularly where the failure to object is unexplained and counsel was alive to related prejudice concerns.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.