Court of Appeal Wellington
5 June 1985
Richardson and Thorp JJ, and Sir Thaddeus McCarthy
5 June 1985
Richardson and Thorp JJ, and Sir Thaddeus McCarthy
Criminal law — Trial — Jury — Relevant item discovered by juror — Accused charged with burglary — Evidence given by occupant that burglar had either a torch or a lighter — Neither was found — Accused's jacket was an exhibit — During jury's deliberations, juror discovered a lighter in the jacket — Accused was convicted — Whether there had been a miscarriage of justice for which a new trial should be ordered — Crimes Act 1961, s 385.
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