Court of Appeal Wellington
21, 22 July; 23 December 1986
Cooke P, Richardson, McMullin Somers, and Casey JJ
21, 22 July; 23 December 1986
Cooke P, Richardson, McMullin Somers, and Casey JJ
Criminal law — Offences — Murder — New evidence — Governor-General's reference — While attempting the armed robbery of a jeweller's shop, accused shot the proprietor's son — He was convicted of murder — Later, accused obtained a police job sheet which contained a statement from an eye witness that conflicted with the evidence the witness had given at the trial — Whether a jury knowing the contents of the job sheet would have found accused guilty of murder on the basis that, for an unlawful object, he had done an act that he knew would be likely to cause death — Whether a verdict of manslaughter should be substituted — Whether a sentence of life imprisonment for manslaughter was appropriate — Crimes Act 1961, s 167(d).
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