R v Burney - [1989] 1 NZLR 732

Criminal law — Practice and procedure — Trial — Conduct of trial — Conduct of clerk of Court — Allegations that clerk of the Court endeavoured to influence the jury in favour of the Crown and against the defence by actions and facial expressions made during the trial — Whether conduct complained of might have influenced the deliberations of the jury and made it proper to conclude that justice had not been seen to have been done — Observations on the distinction between judicial criticism of the performance of counsel and improper disparagement by the trial Judge of the case for the defence.