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Court of Appeal Wellington
CA 286/01 and CA 294/01
21 November; 17 December 2001
McGrath, Fisher and Baragwanath JJ
CA 286/01 and CA 294/01
21 November; 17 December 2001
McGrath, Fisher and Baragwanath JJ
Criminal practice and procedure — Included charges — When alternative charge to be put to jury — Principles — Crimes Act 1961, ss 240A(1)(a), 242 and 339.
Criminal practice and procedure — Sentence — Aggravated burglary with intention of carrying out robbery — Whether tariff for aggravated robbery appropriate starting point.
Evidence — Hearsay — Scientific evidence — Evidence of peer review — Whether hearsay — Observations on admissibility.
Evidence — Similar fact — Discrete conduct — Assessment of relevance — Whether probative value outweighed prejudicial effect — Discretion of trial Judge.