New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Admissibility of prior complaint evidence

  • 21 Aug 2017

    DENNIS RANGIAHO HOHUA v R [2017] NZSC 124

    Citation
    [2017] NZSC 124
    Court
    Supreme Court

    Leave to appeal was refused: the point sought raised by the applicant was artificial because admitting only evidence of the dance‑floor interaction without the alleged sexual assault in the tent would not fairly found a submission of a prior false complaint, would be of doubtful substantial assistance, raised no point of principle, and there was no appearance of a miscarriage of justice.

    • Admissibility of prior complaint evidence
    • Similar fact evidence
    • Leave to appeal
    • Rape and digital penetration

  • 18 Aug 2017

    SAYED REZA HUSSAINI v R [2017] NZSC 122

    Citation
    [2017] NZSC 122
    Court
    Supreme Court

    Leave to appeal was refused because the Court of Appeal's fact‑specific evaluation of the nurse's evidence and the absence of demonstrated prejudice from lack of cross-examination were properly open to it, no point of general or public importance was raised and there was no appearance of miscarriage of justice; the sentence also fell within established guidelines and did not merit leave.

    • Admissibility of prior complaint evidence
    • Section 35(2) evidence act 2006
    • Right to cross-examine witness
    • Leave to appeal criteria
    • Sentencing guidelines (r v am)

  • 29 Nov 2016

    M (CA401/2016) v R [2016] NZCA 562

    Citation
    [2016] NZCA 562
    Court
    Court of Appeal

    The Court held the proposed evidence was inadmissible under s37 because the alleged prior complaint against a different, younger non-family alleged perpetrator was materially dissimilar in nature, context and chronology, rested solely on the witness E, and involved only one alleged prior complaint not made to authority, so it was not substantially helpful to assess the complainant's veracity in relation to the charges against the appellant.

    • Veracity rules
    • Admissibility of prior complaint evidence
    • Evidence act 2006 s37
    • Publication suppression orders
    • Anonymity under criminal procedure act 2011