Fukofuka v R - [2014] 1 NZLR 1

Criminal practice and procedure — Appeals — Identification evidence — Application of proviso — Proper approach when Court of Appeal satisfied misdirection as to identification could not have affected result of trial and when not of that opinion — Miscarriage of justice — Requirement to be independently satisfied of guilt — Crimes Act 1961, s 385.

Criminal practice and procedure — Evidence — Identification — Judicial warning — Requirements for contents of warnings — Mandatory nature of warnings — How judges to deal with identification evidence in summing up — Appropriate issue sheets for juries — Evidence Act 2006, s 126(2).

Evidence — Identification — Judicial warning — Whether reference to serious miscarriage of justice required — Whether reference to mistaken witness being convincing required — Whether reference to miscarriages having occurred in the past required — How judges to deal with identification evidence in summing up — Evidence Act 2006, s 126(2).