R v Mita - [1996] 1 NZLR 95

Criminal practice and procedure — Trial — Witness — Crown informing accused immediately before trial of intention not to call witnesses having given deposition at preliminary hearing — Whether prejudice to defence — Whether Crown should be required to call witnesses — Crimes Act 1961, s 368(2).

Criminal law — Defences — Murder — Provocation — Two months before killing accused abandoned by homosexual partner after being discovered together in toilet cubicle — Partner rejecting accused five days before killing — Accused believing community holding him in contempt — Special sensitivity to rejection by parents as eldest Maori son — Whether defence of provocation should go to jury — Whether accused deprived of self-control — Whether accused regaining self-control before killing — Whether provocation sufficient to deprive ordinary person of self-control — Crimes Act 1961, s 169(2).