R v H - [1997] 1 NZLR 673

Criminal law — Trial — Conduct of trial — Mistake in conduct of trial by defence counsel — Counsel failing to cross-examine witness — Whether radical mistake involving miscarriage of justice — Crimes Act 1961, s 385(1)(c), Evidence Act 1908, ss 23AB and 23AC.

Criminal law — Evidence — Admissibility — Appeal — No objection to admission of evidence at trial — Whether admissibility can be challenged on appeal.

Criminal law — Evidence — Admissibility — Thirteen-year-old complaining to mother of sexual abuse 16 months after act — Previous complaint to friend — Defence counsel not objecting to admission of second complaint — Whether admissible as recent complaint — Effect of failure to object to admission at trial — Observations as to possible modification of 'recent complaint' rule in Evidence Act 1908, ss 23AB and 23AC.