29 Jun 2017
C (CA634/2016) v R [2017] NZCA 275
- Citation
- [2017] NZCA 275
- Court
- Court of Appeal
The Court held the District Court Judge correctly refused permission under s44 because the alleged sexual relationship between the complainants did not meet the heightened relevance test: it did not establish motive to fabricate, the diary entries were not sufficiently probative to explain the similarity of allegations or show the complainants' knowledge came from their own activity rather than other sources, and the jury had been directed that a child's sexual knowledge is not proof of abuse.