R v Ellis (No 2) - [1993] 3 NZLR 325

Criminal practice and procedure — Evidence — Numerous allegations of sexual abuse of children — Order of prosecution witnesses — Whether Crown should be permitted to call certain witnesses more than once to give evidence in relation to each complainant — Whether danger of unfairness in such procedure.

Criminal law — Evidence — Videotapes of interviews of child complainants — Whether child needed to view all tapes concerning him or her including tapes upon which the defence based cross-examination.

Criminal law — Evidence — Admissibility — Videotapes of child complainants not complying with regulations — Whether defence could insist that inadmissible tapes be played as part of evidence-in-chief — Evidence (Videotaping of Child Complainants) Regulations 1990, reg 5.

Criminal law — Evidence — Videotapes of interviews of child complainants — Whether jury need view the promise to tell the truth on each tape, or just the first one.

Criminal practice and procedure — Trial — Presence of person at request of complainant in sexual case — Whether Court should permit a particular social worker to be present — Need for defence to show good reasons why a person should be excluded — Crimes Act 1961, s 375A (2).

Criminal law — Evidence — Admissibility — Accused's prior statements concerning his knowledge of certain unusual sexual practices and his opinion that they were stimulating — Evidence tendered to rebut defence of innocent association — Whether considerations of relevance and probative value outweighed prejudicial value.