28 Jul 2022
HOLMES v R [2022] NZCA 340
- Citation
- [2022] NZCA 340
- Court
- Court of Appeal
The Court held the trial judge's directions on consent (including that reluctant consent is still consent) were adequate and focused on the elements relevant to the case; the Sally summary of facts was admissible propensity evidence under s43 Evidence Act 2006 because it showed a highly probative pattern of domination and control relevant to consent and the defendant's state of mind; the psychologist's evidence was used properly to explain common victim responses and was not a diagnosis of the complainant; any Crown comment on the absent midwife was cured by the judge's directions; and the se…
- Consent
- Reluctant consent
- Representative charge
- Propensity evidence (s43 evidence act 2006)
- Expert evidence
- Prosecutorial comment on absent witness