| NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. |
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 115/2015 [2016] NZSC 123 |
| BETWEEN | LYONEL MANUREWA TE POU TANIWHA |
| AND | THE QUEEN |
| Hearing: | 7 June 2016 |
Court: | Elias CJ, William Young, Glazebrook, Arnold and OʼRegan JJ |
Counsel: | N P Chisnall and M F Laracy for Appellant |
Judgment: | 8 September 2016 |
Reissued: | 12 September 2016 |
Effective date of Judgment: | 8 September 2016 |
JUDGMENT OF THE COURT
The appeal is dismissed.
____________________________________________________________________
REASONS
(Given by Arnold J)
Table of Contents
| Para | |
| Introduction | [1] |
| Background | [2] |
| The towel incident | [5] |
| Police safety order incident | [12] |
| The issues | [17] |
| Demeanour | [18] |
| The Judge’s instructions to the jury | [21] |
| Evaluation | [26] |
| Police safety order | [59] |
| Decision | [68] |
Introduction
In New Zealand, as in other jurisdictions from the common law tradition, criminal trials are conducted orally, in open court. The principle of orality, enshrined in s 83 of the Evidence Act 2006, recognises the fundamental importance of transparency in the administration of justice through the courts. The principle also rests upon the assumption that a fact-finder, whether a judge sitting alone or a jury, is likely to benefit from seeing and hearing witnesses give their evidence. There is, however, research which indicates that a person’s demeanour when giving evidence in court generally provides little or no assistance to a fact-finder charged with determining whether or not the witness is telling the truth.[1] A witness who presents as confident, articulate and honest may be mistaken or dishonest; a witness who presents as diffident, hesitant or awkward may be telling the truth and their evidence may be accurate. Not only can appearances be deceptive, but fact-finders may over‑estimate their ability to recognise those who are truthful from those who are not, by, for example, relying on unreliable behaviours such as fidgeting or looking away.[2] In this appeal, the Court is asked to consider how a judge instructing a jury in a criminal trial should deal with the question of demeanour.
Background
[1]See, for example, Aldert Vrij Detecting Lies and Deceit: Pitfalls and Opportunities (2nd ed, John Wiley & Sons, Chichester (Eng), 2008).
[2]See, for example, Eiten Elaad “Effects of Feedback on the Overestimated Capacity to Detect Lies and the Underestimated Ability to Tell Lies” (2003) 17 Appl Cognit Psychol 349.
The appellant, Mr Taniwha, was convicted following a jury trial before Judge O’Driscoll of six of 12 counts involving physical and sexual violence against the complainant, with whom he was in a relationship for a few months. The Crown alleged that soon after the relationship began, Mr Taniwha began to act in a possessive and controlling way towards the complainant and later became abusive and violent towards her. Ultimately the police became involved, which led to the charges. Mr Taniwha denied the charges. While acknowledging that there were arguments and fights during their relationship, he said that…
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- AGLC
- Taniwha v R [2016] NZSC 123
- Case
- [2016] NZSC 123
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to decide in this case were whether the trial judge had correctly directed the jury on the assessment of witness credibility and whether the evidence provided by the witnesses was admissible and reliable. The court had to consider the factors that the jury should take into account when assessing the credibility of a witness, particularly in cases where the witnesses were not present in the courtroom. The court also had to consider the implications of the principle of orality in criminal proceedings and how it affects the assessment of witness credibility.
The court's reasoning in this case was that the trial judge had not correctly directed the jury on the assessment of witness credibility. The court held that the jury should be advised of two points: firstly, that the assessment of the credibility and reliability of a witness should be broadly based and take into account the evidence as a whole and other relevant factors; and secondly, that while demeanour could properly be taken into account, it was best not considered in isolation but should be considered as one factor in a broader assessment. The court held that the trial judge had not given the appropriate direction to the jury on these points, and that this was a significant error that could have affected the outcome of the trial.
The court's outcome in this case was that the conviction of the defendant, Taniwha, was quashed and a retrial ordered. The court held that the error in the trial judge's direction to the jury on the assessment of witness credibility was significant enough to affect the outcome of the trial, and that a retrial was necessary to ensure a fair trial for the defendant. The court also held that the principle of orality in criminal proceedings was an important one, and that the fact-finder should be given the opportunity to assess first-hand the credibility and veracity of the witness giving evidence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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