R v Hill - [1953] NZLR 688

Criminal Law — Trial — Summing-up — Adverse Comment — Manslaughter — Accused given Usual Warning by Police as to Any Statement made by Him — Accused then Suffering from Effects of Drink — No Statement made — Accused, in Evidence, explaining Circumstances of Deceased's Death — Comment by Trial Judge on Explanation Not having been given earlier — Comment Unduly Adverse to Accused, having Regard to Police Warning and not Qualified by Reference to his Condition — Summing-up also Inadequate in Presenting Accused's Defence — New Trial Ordered.

Criminal Law — Practice — Trial — Indictment containing Alternative Counts — Verdict of Guilty on One Count — Jury to be directed to return No Verdict on Other Counts.

Criminal Law — Practice — Appeal against Conviction — Accused charged Alternatively with Manslaughter, causing Actual Bodily Harm, and Assault — Verdict of Guilty on Manslaughter Count — Jury, on Judge's direction, finding Accused Not Guilty on Other Counts — Court of Appeal unable to Substitute Verdict on Those Counts in lieu of New Trial or to order New Trial on Those Counts.