New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Previous inconsistent statement

Legal area

Court

13 Mar 2019

ROWLANDS v NEW ZEALAND POLICE [2019] NZHC 437

Citation

[2019] NZHC 437
Court

High Court

The High Court held the trial judge did not err in preferring the complainant's contemporaneous signed police statement over her later inconsistent oral testimony because the statement was made immediately after the events, signed as true, consistent with police observations and the resiling was plausibly explained by family pressure; therefore there was no real risk of miscarriage of justice and the convictions stand.
26 Apr 2013

HANNIGAN v R SC 20/2012

Citation

HANNIGAN v R SC 20/2012
Court

Supreme Court

The Supreme Court held that the trial judge did not err in allowing the Crown to elicit and explore a prior inconsistent statement in re-examination in the circumstances: where the prior statement was independently admissible as to facts in issue under the Evidence Act and the questioning was permitted under the judge's s89 discretion as clarification/scene-setting rather than impermissible cross-examination, a prior s94 determination of hostility was not required; likewise s37(4)(b) permits offering evidence as to facts in issue contrary to a witness's evidence without prior hostility determ…