9 Feb 2023
WALLACE v R [2023] NZCA 6
- Citation
- [2023] NZCA 6
- Court
- Court of Appeal
The Crown's application to adduce further evidence about CCTV timing was declined because the proposed evidence was not fresh or cogent, risked usurping the jury and could not conclusively displace the s9 agreed fact; the convictions and sentences were upheld because the jury could properly infer guilt from opportunity, contemporaneous complaints, corroborating conduct (distress, medical reports), persistent and authorized attempts to dissuade the complainant (supported by the Family Bar recording admissible under s22A), and propensity evidence; the inadvertent hearsay answer was not sufficie…