R v Hovell - [1987] 1 NZLR 610

Criminal law — Evidence — Admissibility — Rape — Statement made by the complainant shortly after the alleged rape, but she died prior to the apprehension and trial of the accused — Whether the statement should be excluded from the trial because of the seriousness of the charge and because it contained facts of central importance to the case — Discussion of the principles applicable in the exercise of the Judge's discretion to admit such a statement — Evidence Amendment Act (No 2) 1980, ss 3, 18 and 19.

Criminal law — Sentence — Rape — Accused was convicted of raping an 82 year old woman who died of natural causes before the accused came to trial — Accused was sentenced to 10 years imprisonment — Whether sentence was excessive — Whether the fact that the complainant was not put through the ordeal of a trial was relevant.