R v Kao [2017] NZDC 18885

Published 16 April 2018

Application for stay of proceedings — whether undue delay — sexual violation by rape — New Zealand Bill of Rights Act 1990, s 25 — Martin v Tauranga District Court [1995] 2 NZLR 419 — Williams v R [2009] 2 NZLR 750 (SC). The defendant applied for a stay of proceedings to be stayed following delays related to pre-trial issues. The defendant argued that the delay was unduly extended by the complainant's actions as she had: voluntarily left New Zealand; did not intend to return; had poor communication in relation to the matter; and that the AVL arrangements were inadequate and untimely. The court found that the delays were inevitable as they were caused by the defendant's choice to exercise his rights to oppose applications. The court further found that the delay of 21 months would not "make a great deal of difference" to the recollection of the defendant and the complainants, noting that neither were drunk on the night of the alleged offending. The court found that while there had been a delay, it was not an egregious delay and that the court was not justified in staying the proceeding. The application was declined. Judgment Date: 28 August 2017. * * * Note: names have been changed to comply with legal requirements. * * *