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Court of Appeal Wellington
CA546/2010; [2012] NZCA 311
28, 29 March; 19 July 2012
Glazebrook, Ellen France and Stevens JJ
CA546/2010; [2012] NZCA 311
28, 29 March; 19 July 2012
Glazebrook, Ellen France and Stevens JJ
Criminal practice and procedure — Appeals to Court of Appeal — Whether right of appeal against refusal of court to quash count — Procedure when Crown wishes to adduce propensity evidence — Crimes Act 1961, s 345(5).
Criminal practice and procedure — Evidence — Admission of propensity evidence — Procedure when Crown wishes to adduce propensity evidence — Evidence Act 2006, s 43.
Criminal practice and procedure — Indictment — Quashing indictment — Approach of court to application for quashing indictment — Crimes Act 1961, s 345(5).
Criminal practice and procedure — Juries — Discharge — Whether unexpected incapacity of important expert witness casualty justifying discharge of jury — Juries Act 1981, s 22.
Criminal practice and procedure — Trial — Closing address — Emotive and inflammatory language — Duty of prosecutor.
Evidence — Expert evidence — Level of expertise required — Whether witness required to be specialist — Evidence Act 2006, s 25.