R v Oliver

In the Court of Appeal of New Zealand, Kristina Rachael Oliver appeals against her conviction and sentence on one charge of sexual violation and two charges of assault. The appeal is brought on the basis that there was a miscarriage of justice because Ms Oliver’s trial counsel failed to obtain and lead expert evidence contradicting that of the medical expert called by the prosecution. The appeal court considers the admissibility of the new evidence and whether a miscarriage of justice arose because of the failure of trial counsel to lead such evidence at trial. The court finds that the evidence of Dr Wilde is sufficiently fresh and credible to be admitted on appeal. The court concludes that a miscarriage of justice has occurred because the jury did not hear Dr Wilde’s evidence, which directly contradicted the medical evidence heard by the jury and provided a basis for challenging the complainant’s account of the alleged fisting incident. The court allows the appeal against conviction on all counts on which Ms Oliver was convicted and sets aside those convictions. The court orders a new trial on those counts.