Paki Hoani Taiatini v The Queen - SC 2/2014
Media releases
Summary
Criminal Appeal – Evidence Act 2006, s 25 – Whether or not the Court of Appeal erred in its conclusion that the evidence from the complainant’ s mother was not expert evidence.[2013] NZCA 593 CA 100/2013
Result
The application for leave to appeal is granted.
The approved questions are:
Was the evidence of the complainant’s mother and her boyfriend admissible in terms of the veracity or propensity provisions of the Evidence Act 2006?
If the evidence was admissible:
should there have been a direction from the trial judge as to the use that could be made of the evidence?
was Mr Taiatini placed at any disadvantage from the fact that the evidence arose in the course of the trial?
If the evidence was not admissible, did its admission and/or the absence of a direction from the trial judge create the risk of a miscarriage of justice?
25 March 2014
__________
Appeal dismissed.
5 September 2014
The approved questions are:
Was the evidence of the complainant’s mother and her boyfriend admissible in terms of the veracity or propensity provisions of the Evidence Act 2006?
If the evidence was admissible:
should there have been a direction from the trial judge as to the use that could be made of the evidence?
was Mr Taiatini placed at any disadvantage from the fact that the evidence arose in the course of the trial?
If the evidence was not admissible, did its admission and/or the absence of a direction from the trial judge create the risk of a miscarriage of justice?
25 March 2014
__________
Appeal dismissed.
5 September 2014
Hearing Transcripts
Related Documents
Leave judgment - leave granted — PAKI HOAINI TAIATINI v R [2014] NZSC 2 [25 March 2014] (PDF 70 KB)
Substantive judgment — PAKI HOANI TAIATINI v R [2014] NZSC 122 [5 September 2014] (PDF 190 KB)