R v Adams CA70/05

Case

[2005] NZCA 360

5 September 2005


Details
AGLC Case Decision Date
R v Adams CA70/05 [2005] NZCA 360 [2005] NZCA 360 5 September 2005

CaseChat Overview and Summary

In this appeal, the Court of Appeal of New Zealand reviewed the conviction of Wayne Andrew Herbert Adams, who was found guilty of one charge of being unlawfully in a building, two charges of rape, one charge of breaking and entering a building, and one charge of indecent assault. The appellant argued that the trial judge's directions on consent, the onus and standard of proof, and the relevance of the recent complaint evidence were misdirected, leading to a miscarriage of justice. The court also examined the trial judge's interventions and comments, the prosecutor's cross-examination, and the conduct of trial counsel. The Court of Appeal found that the misdirections on consent and the onus and standard of proof led to a miscarriage of justice. The appeal against conviction was allowed, and a retrial was ordered.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Consent

  • Unjust Enrichment

  • Breach of Trust

  • Misdirection

  • Limitation Periods

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