Court of Appeal Wellington
9, 19 December 1986
McMullin, Casey and Hillyer JJ
9, 19 December 1986
McMullin, Casey and Hillyer JJ
Criminal law — Evidence — Identification parade — Before being charged with the offence of aggravated robbery, accused took part in an identification parade — Whether accused was entitled under s 344B to have his solicitor present at the parade — Whether the words "charged with an offence" in s 344B mean "subsequently charged with an offence" — Crimes Act 1961, s 344B.
Criminal law — Evidence — Admissibility — Identification parade — Witness identifies suspect at parade and at trial gives different evidence — Whether police officer present at parade may give evidence of the identification made by the witness at the parade.
Criminal law — Offences — Aggravated robbery — Whether the words "being together with any other person or persons" include circumstances whereby mere physical presence of co-accused gives encouragement to those involved in the joint enterprise of robbery — Crimes Act 1961, s 235(1)(b).
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