R v Bradley - [1996] 1 NZLR 441

Criminal law — Evidence — New trial of accused formerly jointly charged — Witness summons addressed to spouse of acquitted co-accused — Whether spouse a compellable and competent witness — Whether former co-accused "charged with an offence" at time of retrial — Evidence Act 1908, s 5(7). Statutes — Interpretation — Evidence — Spousal immunity — Observations as to historical background of principles embodied in statute — Observations as to modern legislative approach — Acts Interpretation Act 1924, s 5(j) — Evidence Amendment Act (No 2)1980, s 29.