McNaughton v R - [2014] 2 NZLR 467

Criminal law — Defences — Whether new defences could be created at common law — Partial defence of excessive self-defence — Whether part of common law of New Zealand — Whether preserved by s 20 Crimes Act 1961 — Whether consistent with statutory definition of justification or self-defence — Crimes Act 1961, ss 20 and 48.

Evidence — Duty to cross-examine — Criteria to be satisfied before duty to cross-examine — Evidence Act 2006, s 92.

Evidence — Right to silence — Inference of guilt from silence — Cross-examination and submissions by prosecutor based on defendant's failure to refer to factual matters relevant to claim of self-defence — Whether right to silence applies where defendant makes statement but fails to disclose a defence — Whether prosecutor inferring guilt or merely attacking credibility — Evidence Act 2006, s 32.