R v Livingston - [2001] 1 NZLR 167

Criminal law — Elements of crime — Driving with excess breath alcohol — Land Transport Act 1998, s 56(1).

Criminal practice and procedure — Trial — Driving with excess breath alcohol as indictable offence — Functions of Judge and jury — Land Transport Act 1998, s 56(1).

Criminal practice and procedure — Disclosure — Whether accused must disclose defence in advance — Whether Crown can be ambushed at trial — Whether Crown can call rebuttal evidence — Whether Judge can discharge jury — Crimes Act 1961, ss 367, 373 and 374.

Criminal practice and procedure — Jurisdiction — Pretrial appeal — Whether jurisdiction to appeal against directions as to procedure at trial purportedly made under s 344A — Whether order in the nature of admissibility ruling — Crimes Act 1961, ss 344A and 379A.