28 May 2018
D (CA104/2017) v R [2018] NZCA 173
- Citation
- [2018] NZCA 173
- Court
- Court of Appeal
Portions of the 2015 police interview (third and fourth phases) breached the Practice Note by amounting to cross‑examination through repetitive, challenging and editorial questioning; those portions were unfairly obtained under s30 and their admission — together with highly prejudicial editorial comment and an inflammatory outburst by the complainant's father — created prejudice not cured by the judge's directions, resulting in a miscarriage of justice; appeal therefore allowed, conviction quashed and retrial directed; application to adduce fresh expert evidence on appeal declined for lack of…