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R v Manapouri - [1995] 2 NZLR 407

$30.00

Court of Appeal Wellington
13 February; 28 April 1995
Eichelbaum CJ, Casey and Henry JJ
Criminal law — Evidence — Lies — Directions to jury — Circumstances in which proved lie could assist prosecution — Whether jury able to find that lie had been told because accused lacked explanation consistent with innocence — Conduct requiring a lies-type direction — Whether in circumstances there could realistically be an innocent explanation.
Criminal law — Evidence — Cross-examination — Whether permissible to use cross-examination to elicit hearsay evidence of descriptions of the offender given to the police by persons not called as witnesses — Whether proper to suggest that police were selective as to witnesses who were called — Discussion of duty of Crown Solicitor to decide on calling of witnesses.
Criminal law — Evidence — Cross-examination of witness on prior statements — Whether need for inconsistency with evidence at trial to be requisite for such cross-examination — Evidence Act 1908, ss 10 and 11.
Criminal law — Offences — Having a weapon "with him" — Whether close physical link and a degree of control were necessary elements — Whether control includes knowledge of the presence of the weapon — Whether more than one person may have the same weapon "with him" at the same time — Acts Interpretation Act 1924, s 5(i) — Arms Act 1983, s 55.

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