New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Section 122 evidence act

  • 23 Sept 2016

    R v OLLIVER [2016] NZHC 2273

    Citation
    [2016] NZHC 2273
    Court
    High Court

    The judge refused to give a s122(1) caution because the defence had not challenged the truth of the complainants' accounts in cross-examination, the primary issue for the jury was what physical contact occurred (a matter for the complainants' direct evidence), evidential interviews focused on recounting events rather than views and contained no signs of reconstruction, mothers' evidence supported timing that reduced risk of contamination, and on balance the risk of unreliability was not so great as to require a caution; giving one would be unfair to the Crown and the complainants.

  • 13 May 2016

    SKEET v R [2016] NZCA 198

    Citation
    [2016] NZCA 198
    Court
    Court of Appeal

    Extension of time to bring appeal granted; majority held blackmail definition in s237 properly includes threats to endanger safety encompassing direct threats of physical harm but conviction for aggravated robbery was unsafe because of charge-sheet issues and errors in jury directions (unnecessary and misleading parties direction and incorrect objective test for claim of right); conviction for aggravated robbery quashed and no retrial ordered because sentence already served; all other convictions upheld.