Published 03 July 2019
Application for copy of recorded interview of complainant — R v Crichton [2017] NZDC 12601 — Evidence Act 2006, ss 106(3), 106(4A), (4B) & (4C). The defendant applied for a direction that defence counsel be given a copy of the complainant's recorded interview. In deciding on the application, the Court had to have regard to the interests of justice, the nature of the evidence in the interview, and the ability of defendant and counsel to access the content in the recording. The Court observed that to properly "access" the content and prepare for trial, counsel would need to view the DVD multiple times. The charges in the case were serious and the evidence was lengthy. Also the defendant and his counsel did not live in the same town, complicating viewing of the DVD. The Court directed that a copy of the recording be released to counsel for the defendant, as long as she kept it in her control at all times and did not allow it to be copied or duplicated in any way. Judgment Date: 30 August 2018 . * * * Note: names have been changed to comply with legal requirements. * * *
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