R v Dwight - [1990] 1 NZLR 160

Criminal law — Practice and procedure — Trial — Jury — Verdict — Interrupted verdict — Foreman of jury had announced verdict of not guilty to murder when disturbance broke out in courtroom and jury retired — On return to courtroom foreman announced verdict of guilty to manslaughter — Whether jury had been discharged before guilty verdict and was functus officio — Whether guilty verdict offended principle that accused should have, and be seen to have, a fair trial — Whether Judge had rightly accepted guilty verdict — Observations that when jury have returned verdict of not guilty to murder they should, if manslaughter verdict is open to them, be asked then to find on manslaughter.

Criminal law — Sentence — Manslaughter — 18 year old accused killed victim with high powered rifle during family feud when victim was the aggressor — Accused was sentenced to two and a half years imprisonment — Whether sentence was manifestly excessive.