10 Aug 2022
RAPOSO v R [2022] NZCA 366
- Citation
- [2022] NZCA 366
- Court
- Court of Appeal
Counsel's consent to the Crown's s44 application and cross‑examination about the withdrawn complaint was a reasonable tactical decision made with the appellant's informed participation and did not amount to incompetence; the trial judge correctly admitted the s44 material as relevant to the complainant's lack of consent and state on the night; the appointment and use of a communication assistant under ss80–81 Evidence Act was appropriate and the complainant's brief dissociative lapses seen by the jury did not produce a miscarriage of justice. Therefore the conviction stands and the appeal is…
- Rape
- Consent
- Section 44 evidence act 2006
- Communication assistant (ss 80–81 evidence act)
- Ineffective assistance of counsel
- Admission of prior sexual history