16 Dec 2016
J (CA89/2016) v R [2016] NZCA 528
- Citation
- [2016] NZCA 528
- Court
- Court of Appeal
Convictions were quashed because material evidence going to the complainant's credibility and the circumstances of her retraction (including a friend's admission of being asked to lie) and relevant evidence about possible prior sexual activity were not before the jury, leaving a real risk of miscarriage of justice; s 44 limits on adducing sexual history require judge oversight, and the cumulative effect of omitted evidence rendered the verdicts unsafe, warranting quashing and a retrial.