28 Mar 2017
HOHUA v R [2017] NZCA 89
- Citation
- [2017] NZCA 89
- Court
- Court of Appeal
The Court dismissed the appeal: the trial judge correctly applied the Best framework, accepting an evidential foundation existed but rightly excluded the prior complaint because it would not be substantially helpful and risked an extensive trial within a trial; the jury verdicts were not inconsistent because the jury could reject the appellant's account and accept the complainant as to digital penetration but not as to rape; the late direction on penetration did not cause miscarriage; and the sentence, including uplifts and discounts, was within the permitted range.
- Veracity evidence
- Admission of prior complaint
- Evidence act s37 s40(4) s44
- Inconsistent verdicts
- Meaning of penetration
- Trial within a trial