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Supreme Court of New Zealand Wellington
SC72/2005; [2008] NZSC 39
19 October 2006; 28 February; 15 May 2008
Elias CJ, Blanchard, Tipping, Anderson and Gault JJ
SC72/2005; [2008] NZSC 39
19 October 2006; 28 February; 15 May 2008
Elias CJ, Blanchard, Tipping, Anderson and Gault JJ
Criminal practice and procedure — Fair trial — Self-represented defendant — Doubts as to whether fit to stand trial — Whether substantial miscarriage of justice had occurred on account of defendant's disability — Crimes Act 1961, s 385(1)(c).
Criminal practice and procedure — Trial — Fitness to stand trial — Whether appellate court could find accused under disability — Criminal Procedure (Mentally Impaired Persons) Act 2003, s 9.