R v Pointon - [1985] 1 NZLR 109

Criminal law — Trial — Conduct of trial — Duty of counsel to act on client's instructions — Mistakes in conduct of defence case — Accused was charged with selling drugs to undercover police officer — Defence alleged that police officer had instigated the commission of the offence — Police officer denied allegation — At defence counsel's request, a written statement was produced as an exhibit — This statement confirmed the officer's evidence and contained additional details which were potentially prejudicial — Accused did not give evidence — Whether a new trial should be ordered on the ground that there had been a miscarriage of justice — Crimes Act 1961, s 385(1)(c).