R v Harawira - [1989] 2 NZLR 714

Criminal law — Evidence — Alibi evidence — Accused gave no notice before trial of alibi yet gave evidence of alibi — Crown introduced evidence rebutting alibi through cross-examination of witness for co-accused — Whether it was proper for Crown to introduce evidence in that fashion to rebut accused's alibi — Crimes Act 1961, s 367A.

Criminal law — Parties to offences — Injuring with intent — Assault by others on victim occurred over a half hour period with accused present for most of the time — Before conclusion of incident accused assaulted the victim but that assault did not injure him — Whether accused could be regarded as a principal party to offence — Whether the fact that assault by accused caused no injury was relevant — Crimes Act 1961, s 66.

Criminal law — Practice and procedure — Trial — Conduct of trial — Conduct of counsel — Crown counsel in closing address criticised defence witness and his religious beliefs — Whether Crown counsel's remarks were calculated to stir up religious prejudices of any member of the jury — Observations on the inappropriateness of any counsel resorting to unproved allegations of perjury when commenting upon the credibility of a witness.

Criminal law — Practice and procedure — Trial — Pre-trial publicity — Whether adverse pre-trial publicity resulted in a miscarriage of justice.

Criminal law — Practice and procedure — Trial — Summing up — Principal Crown witness had history of psychiatric illness — Judge instructed jury that they had to give proper weight to the potential unreliability of witness' evidence arising from his mental status — Whether Judge should have used such words as "danger", "warning" and "caution" - Whether Judge had adequately directed the jury — Whether jury was entitled to act on the evidence of such a witness.

Criminal law — Sentence — Injuring with intent and threatening to kill — Accused was in charge of a health unit in which victim was a committed patient under her care — Accused was convicted of injuring with intent and of threatening to kill victim and was sentenced to nine months imprisonment — Whether there were circumstances special to the offender which justified a non-custodial sentence — Whether sentence was excessive — Criminal Justice Act 1985, s 5.