Court of Appeal Wellington
11, 12 April; 31 May 1957
Hutchison J, North J, Turner J, Henry J, McCarthy J
11, 12 April; 31 May 1957
Hutchison J, North J, Turner J, Henry J, McCarthy J
Criminal Law — Attempt — Act not to be too remote ("Proximity" Rule) — Overt Act to be Sufficient Evidence of Intent to commit Particular Offence ("Equivocality" Rule) — Ascertainment whether Overt Act sufficiently Proximate to constitute Offence — Same Overt Act not necessarily to be found Unequivocal in Its Nature and also Sufficiently Proximate — Overt Act insufficiently Proximate to constitute Offence, followed by Proximate Act, but Equivocal standing Alone — Series of Such Acts to be considered together, as Accused's Whole Conduct up to and including Last Overt Act in Issue — Crimes Act 1908, s 93 (2).
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