R v W - [1995] 1 NZLR 548

Criminal law — Practice and procedure — Trial — Sexual offences — Whether delay in complaint sufficient to amount to unfairness or abuse of process in the circumstances of the case.

Criminal law — Evidence — Admissibility — Sexual offences — Videotape of child complainant's evidence — Failure by interviewer to obtain a promise from the complainant to tell the truth — Effect of failure to promise to tell the truth on admissibility of the videotape as evidence — Evidence (Videotaping of Child Complainants) Regulations 1990 (SR 1990/164), reg 5.

Criminal law — Evidence — Sexual offences — Video tape of child complainant's evidence — Observations as to whether videotape should be viewed by Judge and counsel before pretrial application as to admissibility — Allegations by several members of family against one individual — Observations as to whether such charges should be heard together — Psychological evidence — Whether Evidence Act permits witness expressing personal opinion on whether complainant had been a victim of child abuse — Allegation of rape — Whether common law definition of penetration revived — Evidence Act 1908, s 23G — Crimes Amendment Act 1994.