Court of Appeal Wellington
7, 8, 13 December; 5 March 1990
Bisson, Hardie Boys, and Doogue JJ
7, 8, 13 December; 5 March 1990
Bisson, Hardie Boys, and Doogue JJ
Criminal law — Defences — Intoxication — Direction — Murder — Defence sought verdict of manslaughter on grounds of accused's intoxication — Whether Judge's direction to jury on the effect of intoxication on murderous intent was adequate — Crimes Act 1961, ss 167(b) and 171.
Criminal law — Evidence — Confession — Admissibility — Police obtained confession from 18 year old intoxicated accused after deliberately questioning him about assault rather than homicide and inadvertently repeatedly asking misleading line of questions — Whether confession had been unfairly obtained.
Criminal law — Evidence — Expert forensic evidence from scientist — Need for such evidence to be fairly presented including results favourable to an accused as well as those favourable to the Crown — Need for explanation of results to be given in evidence-in-chief.
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