R v G HC Wellington CRI-2005-032-5005

[2007] NZHC 1591

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI-2005-032-5005

THE QUEEN

v

G

Hearing:         5, 7 and 8 February 2007

Appearances: S Barr for the Crown

B Crowley and M Lillico for the Accused

Ruling:           8 February 2007

RULING [3] OF CLIFFORD J

[1]      On recommencement following the luncheon adjournment, Mr Barr applied under s 344A of the Crimes Act 1961 to lead evidence from Miss G  , the accused’s sister, as to the fact that the accused had a tattoo apparently somewhere on his upper neck or back area.

[2]      Mr Barr’s submission was that, in light of Mr Anthony’s evidence as to the tattoo yesterday, and the accused having shown that he had no tattoos on his lower arms or legs, it was possible that Mr Anthony’s recollection may have its source in

this tattoo, which apparently Miss G   would give evidence of.

R V G HC WN CRI-2005-032-5005  8 February 2007

[3]      Mr Crowley objected, on the  basis  that  the  Crown  should  have  put  this possibility to Mr Anthony in order now to be able to call this evidence from Miss G  .

[4]      I retired briefly to consider the point.

[5]      I ruled that I would allow Mr Barr to lead that evidence, but only on the basis that Mr Anthony was available to be recalled to have it put to him whether any tattoo of which Miss G   might give evidence could have been the source of his recollection.   I would need to know that Mr Anthony was so available, before I would allow the evidence to be lead.

[6]      On that basis, Mr Barr indicated he would adduce Miss G  ’s evidence without referring to the question of the tattoo and with Mr Crowley’s consent I granted leave for Miss G   to be recalled if Mr Anthony were to be available as I had indicated was necessary.

“Clifford J”

Solicitors:

Luke, Cunningham & Clere, Wellington, for Crown