New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Admissibility of sexual history
  • 24 Mar 2017

    KAMAL SINGH v R [2017] NZSC 37

    Citation
    [2017] NZSC 37
    Court
    Supreme Court

    The evidence of sexual activity with a third party shortly after the incident was too speculative and insufficiently directly relevant under s 44 to affect issues of consent or reasonable belief in consent or to undermine the verdict; therefore exclusion did not produce a substantial miscarriage of justice and leave to appeal was dismissed.

    • Admissibility of sexual history
    • Consent
    • Reasonable belief in consent
    • Mispecarriage of justice
    • Cross-examination of complainant
    • Section 44 evidence act 2006