R v S (CA514/07)

The case of R v S (CA514/07) before the Court of Appeal of New Zealand involved the respondent, whose name and identifying details were suppressed due to an interim order. The Crown sought leave to appeal against a decision of Panckhurst J, who ruled that evidence from two other young girls, EM and CR, that the respondent had touched them inappropriately was not admissible in the trial. The evidence related to alleged sexual offending against one complainant, J, between 1967 and 1978. The legal issues before the Court were whether the evidence of EM and CR was admissible as propensity evidence or direct evidence of a guilty relationship between the respondent and the complainant.

The Court found that the Judge had understated the extent of similarity in the incidents described by EM and the complainant, which occurred in the same setting. The Court held that the evidence of EM had considerable probative value because it occurred contemporaneously with the alleged offending in relation to J and suggested a process of grooming similarly aged girls. The Court also found that the evidence of CR was directly relevant, as it was logically inferred that there was a pre-existing sexual relationship between the respondent and the complainant that CR was invited to join. The Court granted leave to appeal, allowed the appeal, and ruled that the evidence of EM and CR was admissible. The Court also made an order prohibiting publication of the judgment and reasons in the news media or on the internet or other publicly accessible database until final disposition of trial. Publication in law report or law digest was permitted.