R v Palmer

In the case of R v Palmer, the appellant, Mr Piki Palmer, appealed against his conviction for sexual violation by rape and unlawful sexual connection following a trial in the District Court at Tauranga. Mr Palmer did not appeal against his sentence. The grounds of appeal were twofold: first, that trial counsel erred in failing to advise him to give evidence, and second, that the trial judge erred in his summing-up on the burden and standard of proof, admissibility and use of complaint evidence, and a general lack of balance in favour of the Crown.

The Court found that trial counsel had not erred in advising Mr Palmer against giving evidence as he had made the decision himself after being fully briefed on the charges and consequences. The Court also found that the trial judge's summing-up had been unfair, as it lacked balance and included a material misdirection on the use of recent complaint evidence. The cumulative effect of these errors resulted in a miscarriage of justice.

As a result, Mr Palmer's appeal against conviction was allowed. The convictions were quashed under s 385(2) of the Crimes Act 1961, and a retrial was ordered.