| NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF ANY COMPLAINANT UNDER THE AGE OF 18 YEARS WHO APPEARED AS A WITNESS PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE |
| NOTE: ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF APPELLANT PURSUANT TO S 200 OF THE CRIMINAL PROCEDURE ACT 2011 REMAINS IN FORCE. SEE |
| NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF COMPLAINANT 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 80/2023 [2024] NZSC 153 |
| BETWEEN | L (SC 80/2023) |
| AND | THE KING |
| Hearing: | 19 March 2024 |
Court: | Glazebrook, Ellen France, Williams, Kós and Miller JJ |
Counsel: | H G de Groot and M J McKillop for Appellant |
Judgment: | 11 November 2024 |
JUDGMENT OF THE COURT
The appeal is dismissed.
____________________________________________________________________
REASONS
| Para No | |
| Ellen France, Williams and Miller JJ | [1] |
| Kós J | [122] |
| Glazebrook J | [148] |
ELLEN FRANCE, WILLIAMS AND MILLER JJ
(Given by Ellen France J)
Table of Contents
| Para No | |
| Introduction | [1] |
| Background | [8] |
| Narrative of events | [10] |
| The hearsay evidence ground of appeal | [16] |
| The trial | [21] |
| The Court of Appeal judgment | [25] |
| The statutory scheme | [28] |
| The current Act | [40] |
| The New Zealand jurisprudence | [46] |
| The United Kingdom authorities | [59] |
| The approach to s 16(2)(b) | [68] |
| An unwilling proposed witness | [83] |
| Application of the relevant factors to this case | [107] |
| Result | [121] |
Introduction
At his trial on a number of charges of sexual offending, the appellant was not permitted to offer evidence of a statement from a proposed witness, C, who was in Australia at the time of the trial and unwilling to give her evidence via audiovisual link.[1] Because the statement would have been put before the Court by someone other than C to prove the truth of its contents, the proposed evidence came within the definition of hearsay evidence in the Evidence Act 2006 (the 2006 Act).[2] Hearsay evidence is not admissible except as provided for in the 2006 Act, or by other statutory provisions.[3]
[1]R v [L] [2021] NZDC 13278 (Judge Bergseng) [DC reasons judgment].
[2]A “hearsay statement” is defined in the Evidence Act 2006 as one “made by a person other than a witness” which “is offered in evidence at the proceeding to prove the truth of its contents”; and a “statement” is defined as “(a) a spoken or written assertion by a person of any matter; or (b) non‑verbal conduct of a person that is intended by that person as an assertion of any matter”: s 4(1).
[3]Evidence Act, s 17.
Section 18(1) of the 2006 Act provides that a hearsay statement is admissible if “the circumstances relating to the statement provide reasonable assurance that the statement is reliable” and, either, the person who made the statement is “unavailable” as a witness, or the court finds that requiring the maker of the statement…
Keep reading for free
Create a free CaseChat account to read L (SC 80/2023) AND THE KING and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] NZSC 153
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.