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R v E (CA 308/06) - [2008] 3 NZLR 145

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Court of Appeal Wellington
CA 308/06; [2008] NZCA 404
20, 21 November 2006; 12 June; 5 July; 11 September 2007
Glazebrook, John Hansen and Harrison JJ
Criminal practice and procedure — Fair trial — Prosecutor’s responsibilities — Whether leading questions in interview of child complainant acceptable — Whether complainant’s evidence led improperly — Whether proper scope of re-examination exceeded — Whether prosecutor submission as to complainant naivety proper — Whether evidence of accused’s arrest should have been led — Whether appropriate for prosecutor to suggest jury view video again.
Evidence — Witness — Whether leading questions in interview of child complainant acceptable — Whether complainant’s evidence led improperly — Whether proper scope of re-examination exceeded — Whether prosecutor submission as to complainant naivety proper — Whether evidence of accused’s arrest should have been led — Whether appropriate for prosecutor to suggest jury view video again.

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