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Court of Appeal Wellington
CA736/2008 & 749/2008; [2009] NZCA 279
23 February; 2 July; 7 September 2009
William Young P, Chisholm and Heath JJ
CA736/2008 & 749/2008; [2009] NZCA 279
23 February; 2 July; 7 September 2009
William Young P, Chisholm and Heath JJ
Evidence — Admissibility — Sexual offence — Whether evidence of recent complaint wrongly admitted — Evidence Act 2006, s 35.
Criminal practice and procedure — Evidence — Whether witness should have been permitted to refresh memory from prior statement — Evidence Act 2006, s 90.
Criminal law — Sentence — Sexual offences — Whether sentence manifestly inadequate — Whether Youth Court criminal history to be taken into account.