B (SC12/2013) v R - [2014] 1 NZLR 261

Criminal practice and procedure — Juries — Jury unable to agree — Standard direction — Reference to “give and take” replaced — “Discussion, argument and listening with an open mind to the opinion of others” — Observation.

Criminal practice and procedure — Juries — Whether verdicts inconsistent in fact or law — Whether apparently inconsistent verdicts motivated by sense of justice — Whether convictions unreasonable.

Evidence — Admissibility — Complainant in sexual offence case — Evidence of previous incident of not necessarily sexual nature — Whether evidence of reputation in sexual matters — Whether evidence of previous sexual experience — Whether relevant in view of admission by complainant — Evidence Act 2006, ss 40 and 44(1), (2) and (3).

Evidence — Relevance — Observation as to benefit of doubt to defendant on evidence led by defence — Scrutiny of such evidence for relevance when other interests engaged.