DJB  v The Queen - SC 114/2010

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Summary

Criminal – Evidence Act 2006 – Admissibility of prior consistent statements – whether the complainant’s prior consistent statements to third parties, led in evidence in chief within a video interview, were admissible in application of s 35(2) of the Act – Admissibility of statements made by the defendant – whether evidence given by the complainant’ s mother of a statement made by the defendant should have been excluded on the basis that the risk of an unfairly prejudicial effect on the proceeding outweighed its limited probative value pursuant to s 8 of the Act[2010] NZCA 493  CA 110/2010   29  October 2010

Result

The application for leave to appeal is granted. The approved ground is whether the evidence of complaints to two family members was admissible.
25 February 2011
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Appeal dismissed.
9 June 2011

Related Documents

Additional Information

Hearing date : 5 May 2011

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.