R v Accused (CA 174/88) - [1989] 1 NZLR 714

Criminal law — Evidence — Admissibility — Psychologist as an expert witness — Accused was charged with indecent assaults on his daughter when she was aged 9 to 14 years, and attempted sexual intercourse with his daughter when she was 14 — During the trial the Judge admitted evidence of a psychologist that complainant exhibited behavioural characteristics consistent with those of sexually abused children — Jury found accused guilty and he appealed — Whether the psychologist's evidence was admissible.

Criminal law — Practice and procedure — Admissibility of evidence — Evidence of psychologist in trials alleging child sexual abuse — Observations as to correct procedure to adopt when Crown proposes to tender such evidence — Whether application should be made before trial to determine admissibility — Whether, if question of admissibility arises during trial, a voir dire should be held — Crimes Act 1961, s 344A.