The Queen v Lokeni Hui

Mr Lokeni Hui was convicted in the Auckland High Court of sexual violation by unlawful sexual connection and rape, and was sentenced to eight and a half years imprisonment. He appealed against his conviction, arguing that the jury's verdict was unreasonable and that the trial judge's directions to the jury were incorrect. The appeal was heard on the papers and the Court of Appeal considered the submissions made by both parties. The Court rejected the appeal, holding that the inconsistencies in the complainant's evidence, the lack of DNA evidence, and the quality of identification evidence were all properly considered by the jury. The Court also found that trial counsel's cross-examination of the doctor was consistent with the defence strategy and did not lead to a miscarriage of justice.

The Court of Appeal of New Zealand found that the appeal against conviction was dismissed and that the conviction would stand. The Court held that the jury had properly considered all of the evidence before them, including the inconsistencies in the complainant's evidence, the lack of DNA evidence, and the quality of identification evidence. The Court also found that the trial judge's directions to the jury were adequate and that trial counsel's cross-examination of the doctor was consistent with the defence strategy. As such, the appeal was dismissed and the conviction was upheld. The Court did not make any further orders.