New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Admissibility of prior conduct evidence

  • 24 Apr 2020

    A (CA358/2019) v R [2020] NZCA 115

    Citation
    [2020] NZCA 115
    Court
    Court of Appeal

    The application for extension of time was declined because the delay of two years eight months was substantial and inadequately justified and the proposed appeal lacked merit; the sentencing judge was entitled to refuse a good character discount given the prolonged and serious nature of the offending and that admissible evidence of prior violence, even if pre‑New Zealand, and the admitted pattern of conduct independently disentitled the applicant to any discount for absence of prior convictions.

    • Extension of time
    • Good character discount
    • Totality principle
    • Delay
    • Admissibility of prior conduct evidence
    • Sentence starting point

  • 30 Nov 2018

    TAHAU v R [2018] NZCA 538

    Citation
    [2018] NZCA 538
    Court
    Court of Appeal

    The Court held the evidence about the appellant's claimed recent incarceration and comment was properly admitted as probative of the complainant's fear and credibility and any prejudicial effect was adequately addressed by a robust judicial direction; the jury's guilty verdict on the rape count was not unreasonable and the mixed verdicts were not logically irreconcilable, therefore the appeal is dismissed and the conviction and sentence are upheld.

    • Rape
    • Consent
    • Admissibility of prior conduct evidence
    • Unfair prejudice
    • Inconsistent verdicts
    • Unreasonable verdict