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Court of Appeal Wellington
CA 528/2008; [2009] NZCA 220
25 February; 2 June 2009
William Young P, Chisholm and Heath JJ
CA 528/2008; [2009] NZCA 220
25 February; 2 June 2009
William Young P, Chisholm and Heath JJ
Criminal law — Arrest — Charge of kidnapping — Accused claimed effecting citizen’s arrest — When arrest permitted — When accused “foundcommitting” and “found by night” — Crimes Act 1961, ss 35, 36 and 37.
Criminal law — Burden of proof — Possession of offensive weapon — Whether onus on accused to show he did not intend to use weapon to commit offence — Crimes Act 1961, s 202A(4)(b).