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Supreme Court of New Zealand Wellington
SC49/2019
4, 5, 6, 7, 8, 12, 13, 14 October 2021; 7 October 2022
Winkelmann CJ, Glazebrook , O’Regan , Williams and Arnold JJ
SC49/2019
4, 5, 6, 7, 8, 12, 13, 14 October 2021; 7 October 2022
Winkelmann CJ, Glazebrook , O’Regan , Williams and Arnold JJ
Criminal practice and procedure — Miscarriage of justice — Psychiatric witness giving evidence outside requirements of legislation — Whether miscarriage of justice — Evidence Act 1908 s 23G(2)(c).
Evidence — Appeal — Changes in practice, knowledge or science since trial — Whether to be considered by appeal court.
Evidence — Application of legislation — Trial in 1993, appeal in 2019 — Whether appeal governed by 1908 Act or 2006 Act — Evidence Act 2006 s 5(3).
Evidence — Expert evidence — Psychiatric evidence — Child sexual abuse — Need for alternative explanations — “Consistent” and “inconsistent” — Evidence Act 1908 s 23G(2)(c).