Court of Appeal Wellington
25, 26 October; 18 November 1994
Richardson, Casey, Hardie Boys, Mckay and Tompkins JJ
25, 26 October; 18 November 1994
Richardson, Casey, Hardie Boys, Mckay and Tompkins JJ
Criminal law — Evidence — Use of exhibits by jury — Whether exhibits may be used by jury to reconstruct crime or experiment — Experimental evidence of scientific nature on durability of fingerprints — Discretion to exclude if experiment seriously flawed — Standard of proof — Brief explanation desirable — Whether speculation in absence of evidence in favour of prosecution or defence permissible.
Criminal law — Sentence — Worst class of cases — Discretion to reduce sentence from the maximum although maximum would have been appropriate — Twelve years upheld where maximum of 14 could have been imposed for one incident comprising sodomy of child, kidnapping, burglary and assault with intent to injure.
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