R v Henare Carroll (No 1) [2016] NZDC 15549

Published 05 December 2017

Admissibility of evidence — whether evidence was visual identification evidence — Evidence Act 2006, ss 4, 45 and 126 — Edmonds and Keil v R [2009] NZCA 303. An application for admissibility of evidence was determined and the evidence ruled admissible. The evidence in question was not visual identification evidence for the purposes of s 47 under the s 4 definition, as it was not in issue that the defendant was at or near the scene of the offence. Rather the issue at trial would be the behaviour of the defendant. In the circumstances of the case, a s 126 warning would be appropriate. Judgment Date: 16 August 2016.