B v The Queen - SC 12/2013
Summary
Criminal Appeal – Evidence Act 2006 – Appeal against conviction for sexual violation by rape – evidence – Whether the Court of Appeal erred in finding that the trial Judge had applied s 44 of the Evidence Act correctly in excluding certain evidence relating to the reputation of the complainant in sexual matters. [2012] NZCA 602 CA 862/2011
Additional Information
A Leave to appeal is granted.
B The approved questions are whether:
(i) in light of ss 7 and 44 of the Evidence Act 2006, the Judge should have permitted the applicant to lead all (or some) of the proposed evidence; and
(ii) the apparent inconsistency of the jury’s verdicts warranted the allowing of the appeal.
18 April 2013
Decision reserved.