New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Penile penetration

  • 18 May 2020

    EDWARD RAWIRI HERBERT v R [2020] NZSC 48

    Citation
    [2020] NZSC 48
    Court
    Supreme Court

    The Court refused leave because the issues raised were factual applications of settled law, the Court of Appeal correctly held that the DNA/scientific evidence, together with the surrounding evidence, made an inference of penile penetration open to a properly directed jury, and no question of general or public importance or miscarriage of justice was shown.

  • 12 Dec 2019

    HERBERT v R [2019] NZCA 640

    Citation
    [2019] NZCA 640
    Court
    Court of Appeal

    The jury's verdict was not unreasonable because, when the equivocal forensic findings were considered together with the strong circumstantial evidence of the appellant entering a sleeping, intoxicated complainant, removal of clothing, both parties naked from the waist down, the appellant lying on top of her and causing a hickey, the jury was entitled to infer penile penetration (including penetration without ejaculation); appellate threshold to overturn was not met.