The Queen v GKB - SC 88/2010
Summary
Criminal – Admissibility of previous consistent statements – Whether the Court of Appeal erred in finding that s 35(2) of the Evidence Act 2006 is not engaged until a proposed witness gives evidence at trial – Whether the Court of Appeal erred in finding that s 35(2) of the Evidence Act 2006 is not engaged by reference to an accused’s pre‑trial statement to the police.[2010] NZCA 326 CA 313/2010 27 August 2010.
Result
Appeal allowed. Decision of the District Court reinstated.
17 December 2010Additional Information
7 December 2010.
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Leave to appeal is granted.
The approved ground of appeal is whether the Court of Appeal was correct to conclude that s 35(2) of the Evidence Act 2006 is only triggered by a challenge to veracity made at trial.
23 September 2010.