Court of Appeal Wellington
11 February; 7 March 1991
Richardson, Casey, Thorp JJ
11 February; 7 March 1991
Richardson, Casey, Thorp JJ
Criminal law — Defences — Murder — Self-defence — Pre-emptive force — Whether as a matter of law a person has a duty to retreat before he can use force in his defence — Whether Judge directed jury adequately in relation to defence of self-defence — Crimes Act 1961, s 48.
Criminal law — Defences — Murder — Provocation — Whether it was a requirement of law that the retaliation must bear some reasonable proportion in relation to the provocation — Whether the provocation must occur immediately before the killing — Whether the Judge misdirected the jury — Whether misdirection material to jury's verdict — Whether new trial required — Crimes Act 1961, s 169.
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