G v The Queen - SC 106/2011

Summary

Criminal Appeal – Evidence – Whether admission of prior consistent statement evidence in re-examination resulted in undue emphasis on that evidence and unfairness – Whether s 35 of the Evidence Act 2006 requires that prior consistent statement evidence should in this case have been given by the complainant only – Whether the jury should have been directed that prior consistent statement evidence given by a witness could not affect the jury’s separate assessments of credibility and veracity – Severing of counts – Whether a count alleging more minor indecent offending against a second complainant should have been severed because of the danger of illegitimate propensity reasoning.[2011] NZCA 395  CA 883/2010

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