New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

S92 evidence act 2006
  • 23 Mar 2016

    S (CA509/2015) v R [2016] NZCA 81

    Citation
    [2016] NZCA 81
    Court
    Court of Appeal

    The trial judge's directions were legally correct and appropriate under s92 Evidence Act 2006; the failure of defence counsel to specifically put the motive-to-lie suggestion to the complainant justified the judge's cautionary comment; and there was a rational basis for the jury to distinguish between incidents such that the acquittal on the first charge was not impermissibly inconsistent with conviction on the second. The appeal is dismissed.