R v Witika - [1993] 2 NZLR 424

Criminal law — Defences — Common law duress or necessity — Whether secondary party has common law defence separate from compulsion — Whether common law defence excluded where threat is from another person — Whether common law defence available apart from Crimes Act — Crimes Act 1961, s 24.

Criminal law — Practice and procedure — Trial Judge not available for sentencing — Whether new trial should have been ordered — Whether High Court has inherent jurisdiction to order new trial in those circumstances — Forum for determination of question of possible miscarriage of justice — Crimes Act 1961, s 371(6).

Criminal law — Jurisdiction — Two convictions entered for manslaughter of one victim — Separate substantial contributing causes of death — Determination of culpability in respect of each — Whether offender liable to be sentenced on both convictions — Crimes Act 1961, s 10(4).

Criminal law — Parties to offences — Crown unable to prove whether appellant Smith was a principal offender as opposed to a secondary offender — Whether sufficient evidence to satisfy jury beyond reasonable doubt that appellant was a secondary offender, assuming it was not satisfied he was the principal.

Criminal law — Sentence — Manslaughter — Whether effective sentence of 16 years' imprisonment excessive in worst category of child abuse.