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Winders v R - [2019] 2 NZLR 305


Court of Appeal Wellington
CA668/2016; [2018] NZCA 277
13 March; 31 July 2018
Asher, Clifford and Gilbert JJ
Criminal practice and procedure — Sentencing — Defendant detained illegally by police during investigation — Possible effect on sentence — Minimum imprisonment required by Sentencing Act — 17 years minimum not manifestly unjust — New Zealand Bill of Rights Act 1990, s 22.
Criminal practice and procedure — Appeal to Court of Appeal — Evidence — Admission of propensity evidence did not result in miscarriage of justice — Whether police interview admissible evidence — Whether possible to relitigate pre-trial ruling to admit evidnece confirmed by Court of Appeal — Whether High Court’s response to jurors’ concerns correct — New Zealand Bill of Rights Act 1990, s 22.

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