New Zealand Police v Reeves [2017] NZDC 16875

Published 31 January 2018

Disclosure of prior criminal offending — common assault — Crimes Act 1961 — Criminal Disclosure Act 2008 — M v R [2015] NZCA 587 — Wi v R [2009] NZSC 121. Disclosure had occurred in this case but the defendant wished to have the complainant’s prior convictions disclosed under the terms of the Criminal Disclosure Act 2008. It was alleged that the defendant had punched the victim in the throat. Prosecution submitted that the complainants previous convictions would be relevant to the defences that may be raised at trial. However, the court applied the test of relevance to the previous convictions and found that, as none of the previous convictions were for offences under the Crimes Act or the Summary Offences Act, they have no relevance to a defence in this case. Therefore, disclosure was declined. Judgment Date: 1 August 2017 * * * Note: names have been changed to comply with legal requirements. * * *