Court of Appeal Wellington
13 October; 10 November 1989
Casey, Bisson and Doogue JJ
13 October; 10 November 1989
Casey, Bisson and Doogue JJ
Criminal law — Evidence — Identification parade — After being charged with an offence the accused took part in an identification parade — Whether accused should have been told of statutory rights to decline to attend such a parade and to have a solicitor present at it — Whether evidence of identification should be excluded if accused was not told of such rights and the parade was not conducted in accordance with normal safeguards — Crimes Act 1961, s 344B.
Criminal law — Practice and procedure — Identification — Trial — Summing up — In summing up to the jury on the issue of identification trial Judge did not use the precise words of s 344D of Crimes Act — Whether Judge should have used precise words of that section — Whether Judge should have told jury that mistaken identifications were greatest cause of possible wrong convictions — Whether Judge had misdirected jury — Crimes Act 1961, s 344D.
Criminal law — Sentence — Riotous damage — Whether sentence of 18 months imprisonment was excessive — Whether sentence of 18 months imprisonment on count of riot should be reduced to 12 months to accord with apparent intention of trial Judge.
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