Court of Appeal Wellington
30 November 1994; 13 February 1995
Eichelbaum CJ, Gault and Williamson JJ
30 November 1994; 13 February 1995
Eichelbaum CJ, Gault and Williamson JJ
Criminal law — Evidence — Admissibility of complaint evidence which did not satisfy the rule as to the admissibility of recent complaint evidence rule of admissibility — Role of trial Judge in determining admission or rejection of such evidence — Whether evidence incorrectly labelled as complaint evidence was admissible as evidence of prior inconsistent statements or collateral evidence relevant to the complainant's credibility.
Criminal practice and procedure — Trial — Summing up — Direction to jury on nature and meaning of consent — Whether the direction imposed too severe a test to constitute consent.
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