R v Daleszak CA145/06

In the case of R v Daleszak, the Court of Appeal of New Zealand considered an appeal by the defendant, Robert Daleszak, against his conviction for sexual violation by rape. The central issues in the appeal were whether the trial had been marred by substantial miscarriage of justice due to the admission of improper evidence, the jury hearing past discreditable conduct, the closing arguments by the Crown, and the summing up by the trial judge. The appeal was allowed, the conviction quashed, and a new trial was ordered. The Court held that the evidence of the second complaint was not properly admissible as it did not constitute a developing incremental disclosure, and the distress of the complainant was routine and in accordance with the established test. Furthermore, the trial judge failed to give a direction on the admissibility of past discreditable conduct, which constituted a miscarriage of justice. Additionally, the rhetorical questioning by the Crown about the complainant's motive to lie, although not determinative on its own, contributed to the overall risk of a miscarriage of justice. As a result, the appeal was allowed, and a new trial was ordered.