Court of Appeal Wellington
18 June; 10 July 1996
Eichelbaum CJ, Thomas, Tompkins JJ
18 June; 10 July 1996
Eichelbaum CJ, Thomas, Tompkins JJ
Evidence — Admissibility — Whether right of appeal available when no objection taken at trial — Circumstances necessary to allow appeal to be heard.
Criminal practice and procedure — Evidence — Accused making statement when not arrested or in custody — Whether rights under New Zealand Bill of Rights Act 1990 arose — New Zealand Bill of Rights Act 1990, s 23.
Evidence — Admissibility — Accused person making spontaneous statement — Whether unfairness arises if such statements admissible.
Criminal law — Sentence — Sexual violation by rape — Adequacy of sentence — Whether wrong in principle to impose lesser sentence by reason of short time between enactment of longer maximum sentence and commission of offence.
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