Court of Appeal Wellington
4, 15 March; 12 April 1995
Cooke P, Hardie Boys and Heron JJ
4, 15 March; 12 April 1995
Cooke P, Hardie Boys and Heron JJ
Criminal practice and procedure — Trial — Summing up — Murder — Accused claiming "battered woman's syndrome" applying — Judge briefly referring to syndrome in summing up — Whether Judge had misdirected jury.
Criminal law — Evidence — Cross-examination — Crown suggesting participation in crime in cross-examination of accused's daughter — Judge not directing jury to ignore imputations in questions — Whether Judge had misdirected jury — Whether Judge should have intervened to prevent cross-examination — Evidence Act 1908, s 13.
Criminal law — Evidence — Lies — Direction — Murder — Accused lying to police investigators as to location of body — Accused providing explanation for lies — Whether Judge's direction that lies not evidence of guilt sufficient.
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