Court of Appeal Wellington
25 October; 19 December 1984
Woodhouse P, Somers and Eichelbaum JJ
25 October; 19 December 1984
Woodhouse P, Somers and Eichelbaum JJ
Criminal law — Trial — Discharge of juror — Juror had received information about the accused out of Court — Juror expressed concern to other jurors and to Judge that she might not be impartial — Judge discharged juror and trial continued with remaining 11 jurors — Whether safe to assume that the other jurors were unaffected by whatever the discharged juror had said to them — Whether a new trial should be ordered — Crimes Act 1961, ss 374 and 385.
Criminal law — Abuse of Court's process — Accused had unsuccessfully appealed to the Court of Appeal against conviction on the ground that the verdict was unreasonable and not supported by the evidence, but his appeal had been allowed on another ground — Accused was convicted at second trial — Whether on appeal against second conviction accused could again argue that the verdict was unreasonable and not supported by the evidence.
Criminal law — Police powers — Search and seizure of drugs — Customs and police officers entered a house under the authority of a warrant issued under s 216 of the Customs Act — Whether their search and seizure of drugs was lawful — Misuse of Drugs Act 1975, ss 18 and 36 - Customs Act 1966, ss 216 and 217.
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