Taylor v R

Case

[2010] NZCA 69

16 March 2010


Details
AGLC Case Decision Date
Taylor v R [2010] NZCA 69 [2010] NZCA 69 16 March 2010

CaseChat Overview and Summary

Brett Taylor appealed against his convictions on two counts of unlawful sexual connection. The jury acquitted Taylor on a charge of stupefaction. The appeal was heard on three grounds: (a) whether the trial Judge ought to have given reliability directions about the way in which the jury should evaluate the complainant's evidence; (b) whether the Judge erred in failing to give an adequate warning to the jury not to act on prejudice based on the allegation that Taylor had engaged in homosexual conduct; and (c) whether additional medical evidence could have made a material difference to the jury's deliberations. The appeal was dismissed. The Court found that the trial Judge had adequately directed the jury on the need for caution in accepting the complainant's evidence, and that there was no need for a specific reliability warning. The Court found that the Judge's direction on prejudice and sympathy was insufficient in the circumstances of the case. However, the Court found that there was no real risk of unsafe verdicts on the sexual violation counts.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Judicial Review

  • Causation

  • Consent

  • Prejudice and Sympathy Direction

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Cases Citing This Decision

12

CT v R [2014] NZSC 155
Brunsell v The Queen [2018] NZCA 156
Archibald v The Queen [2014] NZCA 443
Cases Cited

0

Statutory Material Cited

0