Supreme Court of New Zealand Wellington
SC88/2013; [2014] NZSC 155
8 April; 30 October 2014
Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ
SC88/2013; [2014] NZSC 155
8 April; 30 October 2014
Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ
Criminal practice and procedure — Fair trial — Delay — Role of decades delay in determining whether trial fair — Deviations in complainant’s evidence from police statement — Amendment to indictment during trial — Prejudice to defendant.
Criminal practice and procedure — Judicial warnings — Regarding unreliable evidence — When required — Content of warnings — Whether prejudice to defendant from delay to be referred to — Whether required by statute or by requirement of fair trial — Evidence Act 2006, s 122.
Criminal practice and procedure — Stay of proceedings — Delay of decades between alleged offending and trial — Principles when court considering application for stay.
Evidence — Judicial warnings — Regarding unreliable evidence — When required — Content of warnings — Whether prejudice to defendant from delay to be referred to — Whether required by statute or by requirement of fair trial — Evidence Act 2006, s 122.
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