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R v Marshall - [2004] 1 NZLR 793

$30.00

Court of Appeal Wellington
CA 351/03
16 October; 28 November 2003
McGrath, Goddard and Laurenson JJ
Criminal practice and procedure — Discovery — Complainant examined by doctor and interviewed by CYFS about alleged rape — Whether medical notes of examination discoverable — Whether CYFS interview record and records of previous complaint by same complainant discoverable.
Criminal practice and procedure — Discovery — Non-disclosure of previous complaint to police — Defence counsel did not request disclosure — Whether police had duty to disclose when no request from defence for the information.
Criminal law — Evidence — Accused gave evidence at trial — Allegation accused lied in out-of-Court statement — Whether lies direction required.
Criminal practice and procedure — Trial — Accidental disclosure of prejudicial evidence — Whether disclosure emergency or casualty rendering it expedient to discharge jury — Crimes Act 1961, s 374.
Criminal practice and procedure — Trial — Observations on obligations of Crown Counsel at trial.

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