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PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 139 CRIMINAL JUSTICE ACT 1985.
ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF WITNESSES A, B, C AND D.
IN THE COURT OF APPEAL OF NEW ZEALAND
CA88/2008 [2008] NZCA 429
THE QUEEN
v
PETER MAXWELL STEWART
Hearing: 22 July 2008
Court: Baragwanath, Wild and Heath JJ
Counsel: P J Davison QC, J H M Eaton and I Rosic for Appellant
A Markham and D M Jackson for Crown
Judgment: 22 October 2008 at 4pm
JUDGMENT OF THE COURT
A The appeal is dismissed.
BOrder prohibiting publication of name or identifying particulars of A, B, C and D.
R V STEWART CA CA88/2008 22 October 2008
REASONS OF THE COURT
(Given by Baragwanath J)
Table of Contents
Para No
Introduction [1] Evidence from friends of the complainant [6] Evidence of A [8]
Evidence of B [10] A’s evidence: the propensity issue [11] The summing-up [27] Submissions [29] Application [42] B’s evidence [53]
Prior out of court statements
The re-examination and admission of out of court statements [56]
Section 35(2) [59] The Judge’s ruling [61] The evidence given by C [66] The evidence given by D [68] Submissions [69] Discussion [73] The direction in respect of C and D [88]
Warning on use of historical evidence [90]
The remaining grounds [101] Late admission of D’s evidence [102] Erroneous ruling to permit re-examination of complainant [103] The trial Judge failed to control the complainant from giving
evidence in a prejudicial and irrelevant manner [104] Breach of pre-trial undertaking as to evidence of anal injury [106] Misstatement of defence case [109] Evaluation [116] Result [127]
Introduction
[1] In December 2007 the appellant was convicted by a High Court jury of offences alleged to have been committed up to 40 years previously: five counts of indecency with a child under the age of 12, one count of sodomy, and one count of
rape. He was sentenced by the trial judge, Panckhurst J, to three and a half years imprisonment. He appeals against conviction on the ground that his trial was unfair.
[2] At the time of the alleged offending, between 1967 and 1974, the complainant was aged between eight and 14 years and the appellant between 22 and
28 years. Her complaint to the police was made in August 2004 and the appellant was charged in February 2006.
[3] During the period covered by the charges the complainant and the appellant were on terms of close friendship resulting from family links. The appellant denied any sexual contact with her except for a single occasion, when she was 16 or
17 years old, on which he said she had consented to an act of sexual intercourse.
[4] The principal grounds of appeal are:
(1)The trial Judge erred, first in admitting, and then in directing the jury as to how they might use, evidence from friends of the complainant of lesser sexual offending…
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- AGLC
- Stewart (Peter) v R [2008] NZCA 429
- Case
- [2008] NZCA 429
- Decision Date
CaseChat Overview and Summary
The Court of Appeal found that the evidence from friends of the complainant was admissible and properly used, and that the trial judge's summing up on the evidence was not materially deficient. The Court also held that the admission of out of court statements was proper, and that the warning on the use of historical evidence was adequate. The Court concluded that, while there were some minor errors in the summing up, there was no substantial miscarriage of justice, and the appeal was dismissed.
The final orders of the Court of Appeal were to dismiss the appeal and to prohibit the publication of the names or identifying particulars of witnesses A, B, C, and D.
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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