R v Accused (CA 247/91) - [1992] 2 NZLR 187

Evidence — Admissibility — Similar fact evidence — Part of the relevant history or "res gestae" - Whether evidence relating to a specific count upon which the accused was discharged is admissible — Whether evidence was of sufficiently probative value to justify allowing it to go to the jury notwithstanding any illegitimate prejudicial effect that it might have — Observations on what traditionally amounts to mere propensity.

Criminal practice and procedure — Trial — Evidence — Non-supply of brief of proposed new evidence — No objection to non-supply at trial — Whether objection can be raised at very late appellate stage — Inherent jurisdiction to ensure fair trial — Whether adjournment or postponement unduly prejudicial to the accused — Crimes Act 1961, s 368.

Constitutional law — New Zealand Bill of Rights Act — Admissibility of evidence — Whether trial conducted as a fair and impartial hearing — Observation on impact of a "will say" statement in New Zealand — Observations as to implication of New Zealand Bill of Rights Act in criminal proceedings — Crimes Act 1961, s 368 — New Zealand Bill of Rights Act 1990, s 25(a).