Court of Appeal Wellington
16 March; 30 April 1998
Eichelbaum CJ, Thomas and Keith JJ
16 March; 30 April 1998
Eichelbaum CJ, Thomas and Keith JJ
Evidence — Witness — Capacity and competence to testify — Child witnesses — Understanding the obligation to tell the truth — Making a promise to tell the truth — Evidence (Videotaping of Child Complainants) Regulations 1990 (SR 1990/164), reg 5(1).
Evidence — Witness — Whether reasons exist for complainants to lie — Whether permissible to allow the accused to be asked whether he knew of any reason for the complainants to fabricate their account — Whether permissible for the prosecutor to use the absence of any credible reason as a closing argument in favour of the complainants' credibility.
Evidence — Similar fact — Whether error in wording of direction to the jury sufficient to set aside verdict.
Evidence — Recent complaint — Whether certain evidence led at trial was within the category of recent complaint — Whether trial Judge's failure to address jury on the use of recent complaint evidence sufficient to set aside verdict.
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