K v The Queen - SC 68/2009

Criminal – Sexual Offending – Rape – Evidence – Admissibility – recent complaint and hearsay evidence – Appeal against conviction – Whether substantial miscarriage of justice established – Whether Court of Appeal erred in concluding (1) that the trial Judge’ s directions on admissible evidence were adequate; (2) that there was sufficient evidence of penetration; (3) That the evidence of the complainant’s sister was not inadmissible recent complaint evidence; (4) That expert evidence relating to a summary of facts was inconsequential; (5) That it was unnecessary for the trial Judge to give a reliability direction in light of the evidence of intoxication; (6) that the trial Judge correctly ruled on the inadmissibility of two recorded telephone calls.[2009] NZCA 307    CA 664 /2008    16     July 2009