3 Sept 2019
HENRY v R [2019] NZCA 407
- Citation
- [2019] NZCA 407
- Court
- Court of Appeal
No reversible error: Dr Hancock's notes were admissible under s35(2) as necessary to meet a direct attack on the complainant's veracity; allegations of cucumber use and attempted anal penetration were admissible as relevant background and (where propensity) properly assessed under s8/s43; bizarre statements in EVIs were not unfairly prejudicial and proper material for the jury and trial judge's directions cured potential prejudice; on sentence fresh psychiatric evidence was admissible and justified a modest six‑month reduction in the concurrent sexual offence head sentences.