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R v Loumoli - [1995] 2 NZLR 656

$30.00

Court of Appeal Wellington
27, 28, 29 March (at Auckland); 12 May 1995
Eichelbaum CJ, Gault and Williamson JJ
Criminal practice and procedure — Juries — Discharge — Whether jury discharged so as to be "functus officio" — Whether Judge entitled to recall jury after discharge to correct an error made in delivery of verdict — Observations as to correct procedure to be followed when recording a decision on murder charge (not guilty) and manslaughter charge (guilty) — Crimes Act 1961, s 385(1)(d).
Criminal practice and procedure — Trial — Frequent judicial interventions — Observations as to nature of affidavits admissible as to Judge's demeanour — Whether real possibility of denial of justice.
Criminal practice and procedure — Trial — Delay in access to medical records — Whether real possibility of denial of justice — Observations as to proper practice of Crown Solicitor when medical records held by third parties are essential to defence case.
Criminal practice and procedure — Evidence — Whether lies can be used to strengthen prosecution case — Observations as to responsibility of Crown Prosecutors in pressing lies where those not reasonably tenable.

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