R v Matoka - [1987] 1 NZLR 340

Criminal law — Defences — Provocation — Whether a credible narrative of causative provocation must be discernible from the evidence before the Judge allows the defence to be put to the jury on a charge of murder — Crimes Act 1961, s 169.

Criminal law — Trial — Conduct of trial — Judge's ruling on availability of defences — Effect on counsel's address to jury — Judge ruled at end of evidence that counsel might address jury on provocation — Defence counsel addressed jury on both provocation and lack of intent as defences to murder — Judge then directed jury that they were not entitled to consider provocation as a defence — Accused was convicted of murder — Whether Judge's direction meant there was a substantial risk of prejudice to the accused — Whether there had been a miscarriage of justice — Discussion of when arguments as to availability of defences should normally be heard and rulings given — Crimes Act 1961, s 385.