R v Chignell - [1991] 2 NZLR 257

Criminal law — Evidence — Cross-examination of witness — Witness in murder trial had previously been tried on drug charges when evidence was given as result of interception warrant — Judge in murder trial refused leave to cross-examine witness about material obtained as result of interception warrant — Whether such material could not be disclosed in subsequent murder trial — Whether ruling of Judge was correct — Misuse of Drugs Amendment Act 1978, s 23.

Criminal law — Evidence — Lies — Direction — Murder — Accused had initially denied any knowledge of murder victim and later admitted association with him — Judge directed jury that lies could be used as evidence pointing to guilt — Whether Judge had misdirected jury.

Criminal law — Practice and procedure — Trial — Conduct of trial — Duty of Crown to make disclosure — Prior to trial Crown had disclosed to defence counsel certain information about background of witness but had not disclosed other information which could have affected credibility — Whether non-disclosure was a miscarriage of justice.

Criminal law — Practice and procedure — Trial — Summing up — Murder — Accused were charged with murder at Taupo but evidence showed that death could have occurred at Auckland or at Taupo — Judge directed jury that they could find that murder occurred at either venue — Whether in finding accused guilty of murder some jurors might have considered that death occurred at Auckland and some might have considered that death occurred at Taupo — Whether direction to jury was adequate.