Severance — dismissal of charges — three complainants — whether connection between complainants and sets of offending — Churchis v R [2014] NZCA 281, (2014) 27 CRNZ 257 — R v Flyger [2001] 2 NZLR 721 — Parris v Attorney-General [2004] 1 NZLR 519 — Evidence Act 2006, ss 43(3) & 138 — Criminal Procedure Act 2011, s 147. The defendant faced six charges involving sexual violation and indecency against three complainants. He applied for the allegations to be severed into a separate trial for each complainant, arguing that to have a single trial would be unfairly prejudicial. The first complainant alleged offending in the 1980s, when she was a teenager; the second complainant alleged offending in the 2000s, when she was also a teenager; and the third complainant alleged offending in 2016-2017, when she was in her early twenties. The defendant denied the allegations of the first two complainants, and claimed that the third complainant had consented to sexual activity. The Court found that there were similarities between the first two complaints in terms of the complainants' ages at the time of the alleged offending and similarity of acts alleged. However the third complaint was different in that the complainant was older and more mature at the time of the alleged offending and the nature of her relationship with the defendant was different. Therefore the Court found that the charges relating to the first two complainants should be heard together, while the charges relating to the third complainant should be heard separately. However the Court refused to dismiss the charges relating to the third complainant, holding that it should be left to a jury to assess the complainant's credibility. Judgment Date: 4 July 2018. * * * Note: names have been changed to comply with legal requirements. * * *