C (SC 34/2025) AND THE KING
[2025] NZSC 102
•12 August 2025
| NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE |
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI O AOTEAROA |
| SC 34/2025 [2025] NZSC 102 |
| BETWEEN | C (SC 34/2025) |
| AND | THE KING |
| Court: | Glazebrook, Ellen France and Williams JJ |
Counsel: | G H Vear and E E McClay for Applicant |
Judgment: | 12 August 2025 |
JUDGMENT OF THE COURT
ALeave to appeal is granted (C (CA749/2023) v R [2025] NZCA 47).
BThe approved question is whether the Court of Appeal was correct to dismiss the appeal.
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REASONS
The application for leave to appeal raises two issues, first, whether the reasons for the unfair trial in relation to allegations made by the complainant J also render the trials relating to the other two complainants, R and S, unfair and; second, whether J’s evidence would have been admissible as propensity evidence in a trial involving only the charges relating to R and S.
The grant of leave covers both issues but the Court would be assisted, in particular, by a focus on the second issue.
Solicitors:
Public Defence Service | Ratonga Wawao ā-Ture Tūmatanui, Tauranga for Applicant
Te Tari Ture o te Karauna | Crown Law Office, Wellington for Respondent
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