18 Nov 2015
SHANE JAMES OLD v R [2015] NZSC 175
- Citation
- [2015] NZSC 175
- Court
- Supreme Court
Leave to appeal was refused because the issues did not raise questions of general or public importance nor a real risk of substantial miscarriage of justice: the victim was not 'unavailable' under s 18 as he could give evidence on relevant matters and the identifying statements were made shortly after the assault to multiple people, and the prosecutor's use of the written statement in examination was permissible.