R v McDonald - [1976] 2 NZLR 99

Criminal law — Appeal to Court of Appeal — Fresh evidence — Two witnesses who had themselves been convicted and had given evidence against the accused who was convicted of receiving a stolen motorcar subsequently in unsworn statements had recanted in respect of their evidence; these statements were subsequently embodied in affidavits — Issue estoppel in criminal trials has no application to cut down the plain words of a statute — Crimes Act 1961, s 258(2).