Court of Appeal Wellington
CA 437/04
5 April 2005; 7 April 2006
William Young P, McGrath, Anderson, Glazebrook and Hammond JJ
CA 437/04
5 April 2005; 7 April 2006
William Young P, McGrath, Anderson, Glazebrook and Hammond JJ
Criminal practice and procedure — Appeal — Application for leave to extend time for appealing — Conviction for manslaughter arising from assault — Question of consent to assault not put to jury — Test for granting leave — Crimes Act 1961, s 338(1) and (2).
Criminal law — Defences — Consent — Manslaughter — Causing death by assault — Pressure applied to neck during exorcism — Circumstances in which consent to assault available as defence — Crimes Act 1961, s 20(1).
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