New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Admissibility under s25 evidence act 2006
  • 18 Feb 2020

    B (CA463/2018) v R [2020] NZCA 18

    Citation
    [2020] NZCA 18
    Court
    Court of Appeal

    Professor Strange's evidence was not cogent or neutral and the trial did not raise repressed/recovered memory issues; expert evidence on memory would not have been substantially helpful under s25 Evidence Act 2006; admission of evidence in breach of s44 did not produce a miscarriage of justice given its probative context and tactical use by defence; accordingly leave to adduce further evidence is refused and the appeal is dismissed.

    • Expert evidence on memory
    • Repressed/recovered memories
    • Admissibility under s25 evidence act 2006
    • S44 evidence act 2006 (sexual experience)
    • Fresh evidence on appeal
    • Name suppression