Court of Appeal Wellington
24 May; 8 June 1989
Casey, Hardie Boys and Wylie JJ
24 May; 8 June 1989
Casey, Hardie Boys and Wylie JJ
Criminal law — Practice and procedure — Trial — Conduct of trial — At close of evidence and before counsels' addresses Judge gave opportunity to jury to acquit — Jury decided to proceed and at end of trial convicted accused — Whether Judge's intervention in trial was objectionable and could have led to miscarriage of justice.
Criminal law — Sentence — Aggravated robbery — Two accused, both alcoholics, robbed a drunken man in the street — Each accused was sentenced to an effective term of two years imprisonment — Whether personal circumstances of accused carried much weight in street robbery of drunk — Whether sentences were manifestly excessive — Crimes Act 1961, s 235.
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