12 Dec 2019
R v TONGIA [2019] NZHC 3278
- Citation
- [2019] NZHC 3278
- Court
- High Court
The court dismissed the application for oral evidence because s 10 is limited to determining, on the balance of probabilities, whether the defendant caused the physical act or omission (actus reus); it does not require resolution of exculpatory defences such as justification/self‑defence and the defence failed to show any inherent unreliability in the written statements or any interest of justice that would require oral evidence or cross‑examination.