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R v MH [2016] NZYC 802

Published 30 August 2018

Application to cross examine complainant — application to vacate a not denied plea — reserved decision — sexual offending — Evidence Act 2006, ss 37 & 44. The complainant had made complaints about two relatives including the young person, however the complaints about the second individual were not mentioned to police when the complaints against the young person were made. The court found that the complainant could be asked why she did not mention her other complaint to police, but limited the questions that could be asked of her on this point as the issue was of direct relevance and it would be contrary to the interests of justice to exclude the evidence. The court also noted that the defendant was not prevented from denying the charge of indecent assault. Judgment Date: 13 December 2016. * * * Note: Names have been changed to comply with legal requirements * * *

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