R v Atirut Sungsuwan. - SC CRI 11/2004
Summary
Criminal appeal against conviction - whether trial counsel made a fundamental error in not making an application under s23A of the Evidence Act to admit evidence of the complainant's previous sexual history - proper approach to whether an error by counsel has resulted in a miscarriage of justice: R v Paparachi (1993) 10 CRNZ 293 (CA) and Benedetto v R [2003] 1 WLR 1545 (PC) - whether prosecutor should be allowed to make statements in closing which are known to be contradicted to be called at trial. CA479/03 11 August 2004
Result
Leave to appeal granted.
17 December 2004
______________________
Appeal dismissed.
25 August 2005
17 December 2004
______________________
Appeal dismissed.
25 August 2005
Related Documents
Leave judgment - leave granted — R V SUNGSUWAN SC SC CRI 11/2004 [17 December 2004] (PDF 12 KB)
Substantive judgment — SUNGSUWAN V R SC SC 11/2004 [25 August 2005] (PDF 146 KB)
Additional Information
Leave hearing date :15 December 2004