R v Arnold - [1985] 1 NZLR 193

Criminal law — Evidence — Fresh evidence — Accused had stabbed her two and a half year old son — Her defence was that she was in a state of automatism when she stabbed her son — Three psychiatrists gave evidence at the trial — Jury returned a verdict of guilty of murder — Consulting psychiatrist at the State hospital in which accused was detained had examined accused before the trial — Counsel did not know of this examination — Consulting psychiatrist disagreed with the expert evidence given at the trial — Whether evidence from consulting psychiatrist was fresh evidence justifying the granting of a new trial — Crimes Act 1961, s 385(1)(c).