R v K - [1995] 2 NZLR 440

Criminal law — Practice and procedure — Trial — Six charges of sexual intercourse with a girl under care or protection and single charge of indecent assault laid in District Court — Accused defending charges but committed for trial in District Court — Charges of sexual violation by rape could have been made on the basis of victim's statement — Accused later committed for trial in High Court on nine informations alleging offences of a sexual nature against another stepdaughter including counts of rape — Application by Crown to transfer District Court proceedings to High Court — Crown proposing to lay charges of rape indictably in respect of both stepdaughters if transfer made — Whether transfer should be made — When making statement to police accused not asked if first stepdaughter had consented to sexual intercourse — Whether accused "compelled" to give evidence because question not asked — Crimes Act 1961, s 366A — New Zealand Bill of Rights Act 1990, ss 24(a), 25(d) and 27(1).