New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jury directions on consent and delay
  • 23 Jul 2020

    P (CA470/2017) v R [2020] NZCA 304

    Citation
    [2020] NZCA 304
    Court
    Court of Appeal

    The Court held that the contested expert memory affidavits did not assist the decisive appellate question and declined to admit them; Dr Ahmad's memory-related evidence at trial was not materially prejudicial or outcome-determinative; evidence about a foster daughter's complaint was admissible for the limited non-hearsay purpose of explaining the complainant's motive to report and s8 did not require exclusion; the judge's consent direction and trial counsel's tactical leading of the defendant did not cause a miscarriage of justice; prosecutor's comments were not of sufficient impropriety to o…

    • Historic sexual offending
    • Expert evidence on memory
    • Hearsay and probative value (s8)
    • Jury directions on consent and delay
    • Trial counsel conduct
    • Prosecutorial remarks