Sexual Offences Evidence Case Laws

Question 1

R v Felisse - (corroborating evidence)

Answer 1

Although corroborating evidence undoubtedly strengthens the case for the prosecution, its absence does not make a conviction impossible. It can also help to establish certain key points. A bruise is capable of confirming evidence that intercourse was non-consensual where the issue is not one of identity but whether non-consensual intercourse took place.”

Question 2

R v McCready - What was it about?

Answer 2

The Court held that the trial judge had wrongly disallowed questions put to the complainant in cross-examination.
The questions disallowed were aimed at revealing that about a fortnight after the alleged offence the complainant had voluntarily participated in a further act of intercourse with the defendant.

Question 3

R v McClintock - (categorising of cases)

Answer 3

The test .. is a strong one but the categorising of cases can only be a matter of degree. An earlier incident of sexual intercourse may be of marginal relevance, but where it has neither proximity in time nor sufficiently similar to the circumstances of the alleged rape, cross-examination on the matter is not warranted.

Question 4

R v Moana - (Time element)

Answer 4

The time element between the alleged attack and the observation (of the complainant) by the witness is all-important.

Question 5

R v Tawhara - (People allowed in court)

Answer 5

There is no necessary limit to the number of people the complainant or defendant may request to remain in the room. In this case the complainant requested and was allowed five persons to remain in the courtroom. These persons were friends she wanted for support.

Question 6

What are the 5 ‘must know’ Sexual offences evidence case laws?

Answer 6

1. R v Felisse - (corroborating evidence)
2. R v McClintock - (categorising of cases)
3. R v McCready
4. R v Moana - (Time element)
5. R v Tawhara - (Power to exclude)