K v The King
[2025] NZSC 74
•3 July 2025
| NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE |
| NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF ANY PERSON UNDER THE AGE OF 18 YEARS WHO IS A COMPLAINANT OR WHO APPEARED AS A WITNESS PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE |
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI O AOTEAROA |
| SC 41/2025 [2025] NZSC 74 |
| BETWEEN | K (SC 41/2025) |
| AND | THE KING |
| Court: | Ellen France, Williams and Miller JJ |
Counsel: | J M Grainger and G H Vear for Applicant |
Judgment: | 3 July 2025 |
JUDGMENT OF THE COURT
ALeave to appeal is granted (K (CA507/2024) v R [2025] NZCA 84).
BThe approved question is whether the Court of Appeal was correct to dismiss the appeal.
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REASONS
Leave is granted in general terms, but counsel should focus on whether a miscarriage of justice may have been occasioned by the trial Judge’s directions in summing up with respect to: (a) the source of the child complainant’s sexual knowledge; and (b) an alternative explanation for her evidence about the applicant urinating during a sexual assault.
Solicitors:
Public Defence Service | Ratonga Wawao ā-Ture Tūmatanui, Auckland for Applicant
Te Tari Ture o te Karauna | Crown Law Office, Wellington for Respondent
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