R v B (No 2) - [1995] 2 NZLR 752

Criminal practice and procedure — Sexual offences — Stay of proceedings — Discharge under s 347 — Fairness of trial — Absence of medical evidence which might create a realistic possibility of exculpation — Need to avoid unfairness — Whether remedy should be discharge under s 347 in interests of finality — Observation as to whether stay of proceedings is a final order — Crimes Act 1961, s 347 — New Zealand Bill of Rights Act 1990, ss 24(d), 25(a), (e) and (f).

Criminal practice and procedure — Sexual offences — Whether discharge of charges involving penile penetration of vagina in circumstances where complainant's allegations were unresolved affected her credibility on other counts not involving such penetration — Whether accused should be discharged in respect of such other counts — Crimes Act 1961, s 347.

Criminal law — Evidence — Admissibility of complainant's final statement to police — Fairness in absence of evidence of earlier statements made by complainant — No record kept of therapy sessions before complaint of sexual offending — No records kept of preliminary interviews of complainant conducted by police — No records kept of drafts of complainant's statement to police — Whether unfairness in absence of any realistic possibility of editing or reinterpretation or other suspicion clouding the final statement — Whether evidence of final statement admissible — Crimes Act 1961, s 347.