11 May 2017
WILLIAMS v R [2017] NZCA 176
- Citation
- (2017) 28 CRNZ 471
- Court
- Court of Appeal
Section 27(1) did not bar admission of Mikaere's police statement against Williams because 'co-defendant in the proceeding' refers to persons being tried together; Mikaere, having pleaded guilty and been sentenced, was a witness not a co-defendant in the appellant's proceeding, and his statement was therefore admissible. The Christchurch material was peripheral background, not used by the Crown as propensity evidence, and did not require a propensity direction or mandatory exclusion; the trial judge did not err in permitting Crown cross-examination after the hostile witness ruling under s 94;…