12 Oct 2018
ARONA & CHAMBERS v R [2018] NZCA 427
- Citation
- [2018] NZCA 427
- Court
- Court of Appeal
Admission of evidence of the 2015 incident was properly refused: the material was not substantially helpful under s37 to prove falsity of the complainant's account and would fail the stricter s44 test because it necessitated evidence of prior sexual activity without a sufficient nexus; the prosecutor's use of s9 cannabis admissions was permissible; the s27 cultural report did not demonstrate a sufficient causal nexus between cultural/systemic factors and the offending to mitigate culpability; consequently convictions and sentences were upheld and Chambers' extension application granted.