R v Accused (CA 92/92) - [1993] 1 NZLR 553

Criminal law — Practice and procedure — Evidence — Whether complainant in a sexual case could be cross-examined about a similar second allegation against a person who was not the accused — Whether questions were of direct relevance — Whether contrary to interests of justice if questions excluded — Evidence Act 1908, s 23A(3).

Criminal law — Evidence — Collateral evidence rule — Complainant made second allegation of sexual misconduct against a person who was not the accused — In granting leave to cross-examine whether a condition should have been imposed requiring defence to adduce rebuttal evidence should the complainant maintain the truthfulness of the second allegation — Whether second allegation a collateral matter — Whether rebuttal evidence would infringe collateral evidence rule.