19 Dec 2013
B (SC12/2013) v R [2013] NZSC 151
- Citation
- [2013] NZSC 151
- Court
- Supreme Court
The Supreme Court held the Judge correctly excluded the proposed prior‑occasion evidence under the evidentiary scheme (s44 Evidence Act 2006); even if that evidence had been admissible it lacked sufficient probative value and its exclusion did not occasion a miscarriage of justice; the jury's acquittal on the oral‑connection count and conviction for rape were not necessarily inconsistent because a reasonable jury could accept lack of consent to intercourse while having reasonable doubt about consent to the oral act; the appeal was dismissed.