R v Lui - [1989] 1 NZLR 496

Criminal law — Offences — Murder — Accused killed victim by knocking him down and then stamping on his head — Prior to trial Crown offered to accept plea of manslaughter — After being advised by counsel, accused elected to proceed with his defence of self-defence to the charge of murder, and was found guilty of murder — Whether the verdict was against the weight of evidence — Whether Crown was under a duty to indict only for manslaughter after accused had refused Crown offer to accept a plea of manslaughter — Whether accused had been adequately advised by his counsel as to the alternatives of either pleading guilty to manslaughter or going to trial on the charge of murder relying on self-defence — Crimes Act 1961, s 167(b).

Criminal law — Practice and procedure — Appeal — Counsel furnished a report and affidavits to the Court of Appeal concerning pre-trial negotiations — Observations on the undesirability of the counsel who furnishes a report or affidavit containing factual matters of significance in the case appearing before an appellate Court — Criminal Appeal Rules 1946, r 22.