R v Accused (CA 32/91) - [1992] 1 NZLR 257

Criminal law — Practice and procedure — Jurisdiction to hear appeals from pretrial determination of mode of adducing evidence in cases of sexual offences involving minors — Choosing between two conflicting cases of the same Court — Statutory interpretation — Wide interpretation given to "admissibility" and "admissible" - Crimes Act 1961, ss 344A and 379A.

Criminal law — Evidence — Sexual offences involving minors — Modes of adducing evidence - "Prescribed manner and form" - Whether associated regulations were necessary to make parent statute operative — Pure technicality or a matter of jurisdiction — Intent of Parliament — Role of the Court and role of the Executive to give legislation effect — Evidence Act 1908, ss 23D and 23E - Summary Proceedings Act 1957, s 185CA - Evidence (Videotaping of Child Complainants) Regulations 1990 (SR 1990/164).