R v Hamilton - [1985] 2 NZLR 245

Criminal law — Murder or manslaughter — Possibility not raised at trial that principal offender could be guilty of murder and co- accused guilty of manslaughter — Whether Judge should have directed the jury on the possibility of a manslaughter verdict against co- accused.

Criminal law — Murder — Murderous intent under s 167 - Whether para (d) of s 167 was available if jury were satisfied that principal offender had deliberately fired a gun to frighten the victim but were not convinced beyond reasonable doubt that the principal offender meant to hit the victim — Crimes Act 1961, s 167.

Criminal law — Murder — Parties under s 66(2) - Common plan — Whether mere foresight by co-accused that principal offender intended to cause victim grievous bodily harm would be sufficient grounds for finding co-accused guilty under s 66(2) - Crimes Act 1961, s 66(2).