Court of Appeal Wellington
10 September; 16 October 1953
Fair J; Stanton J; Hay J
10 September; 16 October 1953
Fair J; Stanton J; Hay J
Criminal Law — Trial — Direction — Trial Judge entitled to Express Opinion as to Strength of Evidence against Accused, provided Decision on Facts left to Jury to decide — Accused entitled to have Defence, however Weak, fairly put before Jury.
Criminal Law — Appeal — Appellant succeeding on Ground that Case for Defence not put to Jury — Duty of Court of Appeal to decide Whether Substantial Miscarriage of Justice actually occurred — Matters for Court's Consideration — Criminal Appeal Act, 1945, s 4(1).
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