Application to dismiss charges — sexual violation by rape — party to sexual violation by unlawful sexual connection — gang rape — recognition evidence — Criminal Procedure Act 2001, s 147 — Parris v Attorney-General [2004] 1 NZLR 519 (CA). Two defendants faced sexual offending charges stemming from events over 12 years before. The second defendant applied to have the charges against him (sexual violation by rape, being a party to sexual violation by unlawful sexual connection and being a party to rape) dismissed. It was alleged that the first defendant had offered his partner up to a group of men as payment for his drug debts. A group of men allegedly entered the complainant's home and took turns raping and sexually violating her. The first defendant was alleged to have been present but not party to those acts, while the second defendant was alleged to have raped the complainant. The second defendant argued that the charges against him should be dismissed for lack of evidence. The police had asked the complainant to identify the second defendant through a photo montage, but over 12 years had passed since she had last seen him and she did not pick his photograph. The Judge declined to dismiss the charges, as there were other pieces of evidence upon which a jury could find the second defendant guilty. Judgment Date: 13 February 2020.