Court of Appeal Wellington
25, 26, 27 November; 18 December 1996
Eichelbaum CJ, Blanchard and Heron JJ
25, 26, 27 November; 18 December 1996
Eichelbaum CJ, Blanchard and Heron JJ
Criminal practice and procedure — Trial — Murder — Co-accused called by prosecution — Witness declared hostile — Whether Crown permitted
to cross-examine before witness gave an answer which was hostile — Whether Crown could
cross-examine hostile witness in the manner it saw fit.
Criminal
law — Arrest — Murder — Prisoner arrested on kidnapping
charge not also informed of homicide inquiry — Whether prisoner had information he was entitled
to — Whether he
could effectively exercise the right to consult a lawyer — Admissibility of subsequent inculpatory
statements — New
Zealand Bill of Rights Act 1990, ss 22 and 23(1)(a) and 23(1)(b).
Criminal law — Practice and procedure — Delay in bringing accused before Court — Whether expression "as soon as
possible" in s 23 of New Zealand Bill of Rights Act 1990 is absolute — Relevance to time
and circumstances — New Zealand Bill of Rights Act 1990, s 23(3).
Criminal
law — Parties
to offences — Whether law required proof of a causative link between act of encouragement
and offence.
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