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

Hearing Transcripts

Related Documents