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| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 115/2015 [2016] NZSC 121 |
| 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 |
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 121
- Case
- [2016] NZSC 121
- Decision Date
CaseChat Overview and Summary
The court's reasoning focused on the principle of orality and the importance of assessing witness credibility in person. It noted that while the administration of justice should ideally be conducted openly and publicly, there may be circumstances where a witness cannot be present in court. The court emphasised the necessity of a broader assessment of credibility that takes into account various factors, such as the consistency of the evidence, its inherent plausibility, and other relevant matters. It held that while demeanour is an important factor, it should not be considered in isolation and must be weighed alongside other elements. The court concluded that a warning about the risks of relying on demeanour should be tailored to the specific circumstances of each case, ensuring that juries are not unduly influenced or restricted in their assessment.
The High Court ultimately ruled in favour of the respondent, finding that the trial judge had appropriately managed the risks associated with the non-oral presentation of evidence. The court stressed that the trial judge had provided a tailored warning to the jury, advising them to consider the evidence as a whole and not to place undue reliance on demeanour alone. The decision affirmed the importance of the principle of orality but acknowledged that exceptions may be necessary in certain situations. The court's outcome underscored the need for flexibility in applying legal principles to ensure a fair trial while addressing the practical realities of modern litigation.
The final orders of the court confirmed that the evidence in question was admissible, subject to the trial judge's direction to the jury regarding the assessment of credibility. The court's decision provided clarity on the approach to be taken in future cases involving non-oral evidence, ensuring that the rights of defendants are protected while maintaining the integrity of the judicial process.
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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