New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Reliability of statement

Legal area

Court

11 Apr 2019

RAMEKA v R [2019] NZCA 105

Citation

[2019] NZCA 105
Court

Court of Appeal

The Court held the Judge did not err: the 2013 propensity evidence had strong probative value that outweighed any unfair prejudice given the clear similarities to the index offending and careful limiting to essential features; the Crown showed reasonable diligence in attempting to locate Ms Draper and the signed contemporaneous police statement, supported by text messages and taken in the ordinary course, provided reasonable assurance of reliability, so it was admissible; the proposed fresh evidence was not fresh, cogent or credible (recantation motivated by fear/retaliation and inconsistent…
6 Sept 2013

HIRIAKI V R CA26/2013 [2013] NZCA 419 .

Citation

[2013] NZCA 419
Court

Court of Appeal

The Court upheld the Judge's finding that the admissions were reliable under s28 because they were volunteered in response to open questions, were corroborated by the son's disclosure and supported by expert reports, and that there was no direct evidence the appellant did not understand his rights; accordingly the interview was not unfair and the evidence was admissible, so the appeal was dismissed.