1 Nov 2022
HF v R [2022] NZHC 2838
- Citation
- [2022] NZHC 2838
- Court
- High Court
The High Court held there was no error in the trial Judge's assessment of evidence: the Judge permissibly accepted the complainant's credible, consistent and detailed account and rejected the appellant's narrative as implausible; the undisputed fact that the complainant could have left the room did not support an inference of consent once the Judge accepted her evidence of protest and physical constraint; proposed further evidence (MM affidavit, statement and EVI) was not sufficiently fresh, credible or cogent to undermine the verdict, and only the objective text messages were admitted but di…