R v E (CA308/06)

Case [2007] NZCA 404


NOTE:  PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 139 CRIMINAL JUSTICE ACT 1985.

ORDER FOR INTERIM SUPPRESSION OF THE NAME AND IDENTIFYING DETAILS OF THE APPELLANT.

IN THE COURT OF APPEAL OF NEW ZEALAND

CA308/06 [2007] NZCA 404

THE QUEEN

v

E (CA308/06)

Hearing:         20 November 2006 and 5 July 2007

Court:            Glazebrook, John Hansen and Harrison JJ Counsel:     G W Calver for Appellant

M A Corlett for Crown on 20 November 2006
C L Mander for Crown on 5 July 2007

Judgment:      21 November 2006

Reasons for Judgment:     12 June 2007 at 4pm

Judgment and Reasons for Judgment recalled and re-issued:  11 September 2007 at 4pm

JUDGMENT OF THE COURT

A        The appeal is allowed, the conviction quashed and a verdict of acquittal

entered.

R V E (CA308/06) CA CA308/06 [11 September 2007]

BOrder prohibiting publication of the name and identifying details of the appellant for a period of five working days from the date of re-issue of

this judgment.

REASONS OF THE COURT

(Given by Glazebrook J)

Table of Contents

Para No

A trial gone wrong  [1]
The charges  [6]

Should the period of the representative charges have been

more restricted?  [8]

Did the Judge’s direction on the July school holidays in 2005

save the situation?  [13]

The complainant’s evidence  [15]

Should the complainant’s videotaped interview have been used

as her evidence-in-chief?  [16] Were any parts of the complainant’s evidence inadmissible?             [32] Should the complainant’s mother have been permitted to act as

support person in the CCTV room?  [38]

Should the videotape of the complainant’s evidence have been

shown again to the jury?  [46]

The conduct of the prosecution  [49]

Was the prosecutor’s questioning of Mr E on possible motives

for the complainant and S to lie inappropriate?  [50]

Did the Crown improperly labour the submission that the

complainant and S had no motive to lie?  [56] Did the prosecutor invite speculation on the part of the jury?            [58] Was prosecutor’s questioning on opportunity to commit the

offences appropriate?  [61] Did the Crown improperly lead the complainant’s evidence?             [65] Was the proper scope of re-examination exceeded?  [69] Was it proper for the Crown to make submissions as to the

complainant’s naivety?  [76]

Was it appropriate to suggest Mr E’s mother was tailoring

her evidence to protect her son?  [81] Should the Crown have called the complainant’s mother?                  [84] Should the evidence as to Mr E’s arrest have been led?  [85]

Did the prosecutor exceed the proper bounds in his

closing address?  [93]

Should the prosecutor have encouraged the jury to ask for

the complainant’s videotape to be replayed?  [97]

The course of the trial  [99]

Should Mr E’s mother been allowed to give evidence on any

changes in the complainant’s behaviour?  [100]

Did the Judge put unwarranted restrictions on the scope

of character evidence called by the defence?  [103]

Should the defence have put allegations of “coaching” to

the complainant?  [109]

Should the defence have speculated on the complainant’s

sources of knowledge of sexual…

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R v E (CA308/06) [2007] NZCA 404
Case
[2007] NZCA 404
Decision Date

CaseChat Overview and Summary

In the Court of Appeal of New Zealand, the case of R v E (CA308/06) was heard by Glazebrook, John Hansen, and Harrison JJ. The appeal was against a conviction on a count of sexual violation by rape in the Napier District Court. The appeal was allowed, the conviction quashed, and a verdict of acquittal entered. The case involved an alleged sexual violation of a seven-year-old girl by the appellant, Mr E, who was 18 at the time of the alleged offence. The court identified several issues with the trial, including problems with the charges, the complainant's evidence, the conduct of the prosecution, and the summing up. The court concluded that the issues identified were significant enough to cause a miscarriage of justice and that a retrial would be inappropriate due to the problems with the complainant's evidence in the first trial and her comment that she could not remember "any of the times" that the alleged offending had occurred.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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