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R v Bailey - [1988] 1 NZLR 109

$30.00

Court of Appeal Wellington
19 May; 8 June 1987
Somers, Casey and Henry JJ
Criminal law — Offences — Rape and sodomy — Directions to jury — Accused had relied heavily on lack of corroboration of complainant's testimony but Judge had failed to make any reference to corroboration in summing up to the jury — Whether Judge was obliged to direct jury as to corroboration — Evidence Act 1908, s 23AB.
Criminal law — Practice and procedure — Balloting of jurors — Whether counsel and accused should be given notice of time and place of jury ballot — Whether omission to give notice invalidates ballot or vitiates trial — Jury Rules 1982, r 15.
Criminal law — Sentence — Rape and sodomy — Accused who was a probationary policeman with advantages of maturity, upbringing and training was sentenced to five years imprisonment — Whether sentence was excessive.

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