Maia Rongonui v The Queen - SC 66/2009

Media releases

Summary

Criminal – Evidence Act 2006 – Mr Rongonui was convicted of one count of sexual violation by unlawful connection and one of assault with intent to commit rape – whether the Court of Appeal erred in holding that the complainant’s evidence that she had told her friend what occurred after the incident did not fall within s 35 of the Evidence Act dealing with previous consistent statements because evidence was not given of anything actually said by the complainant – whether the Court of Appeal erred in holding that the District Court Judge was correct to allow the prosecutor to use a witness statement to refresh the memory of a witness and to allow cross-examination of the witness on the grounds of hostility[2009] NZCA 279 CA 736/2008  2 July 2009

Result

Application for leave to appeal granted.
21 September 2009
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Appeal allowed, convictions set aside. Order for new trial. Reasons to be given at a later date. 2
7 November 2009
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Reasons given 23 July 2010

Hearing Transcripts

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