R v Archer [2017] NZDC 23991

Published 18 May 2018

Application to cross examine own witness — declare hostile witness — pre trial application — Evidence Act 2006, s 94. The crown sought to cross-examine the complainant on a formal statement she had made to police containing allegations of indecent touching and sexual violation by her father. At trial, the complainant was not prepared to look at her previous police statements and claimed that she had been forced to make the statements. The application was not opposed by the defence. The court found that the complainant had experienced a change of mind and was not prepared to answer questions truthfully. Accordingly, the complainant was declared hostile and the crown was permitted to cross-examine her based on the allegations raised in her formal statements. Judgment Date: 24 October 2017. * * * Note: names have been changed to comply with legal requirements. * * *