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Ahsin v R - [2015] 1 NZLR 493

$30.00

Supreme Court of New Zealand Wellington
SC96/2012, SC73/2013; [2014] NZSC 153
4 July 2013, 11 March; 30 October 2014
Elias CJ, McGrath, William Young, Glazebrook and Tipping JJ
Criminal law — Defences — Common law defences — Whether defence of withdrawal in respect of offences as parties preserved by statute — Crimes Act 1961, ss 20 and 66.
Criminal law — Parties — Withdrawal — Whether true defence or negation of element of actus reus — Whether encouragement or assistance had to continue to time of offence — “Probable consequence” — Crimes Act 1961, s 66(1) and (2).
Criminal practice and procedure — Jury Unanimity — Whether the jury had to be unanimous on the basis on which the defendants were guilty.
Criminal practice and procedure — Directions to jury — Whether the summing up was inadequate — Whether a miscarriage of justice had occurred — Crimes Act 1961, s 385(1).

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