Re O'Connor and Aitken (No 2) - [1953] NZLR 776

Criminal Law — Appeal against Conviction — Reference of Case to Court of Appeal by Governor-General in Council — Jurisdiction of Court of Appeal — Appellant's Ordinary Right of Appeal previously Exhausted — Court not called upon to readjudicate upon Any Ground of Appeal already heard and disposed of on Merits — Jurisdiction to deal with Case on General Reference by Governor-General — Criminal Appeal Act, 1945, s 17 (a).

Criminal Law — Evidence — Appeal from Conviction — Fresh Evidence — Recantation by Witness of Evidence given by Him at Trial — Miscarriage of Justice if Such Evidence raises Doubt of Denial of Justice Unless Question of Guilt or Innocence submitted to Another Jury — Power to order New Trial on Ground of Fresh Evidence forthcoming to be Exercised only with Great Caution — "Unsatisfactory" — Criminal Appeal Act, 1945, s 4 (1).

Criminal Law — Habitual Criminal — Prisoner sentenced on Conviction on Three Counts of Indictment and declared Habitual Criminal — One Count only within Class of Offence in Respect of which Declaration could be made — Conviction on That Count quashed — Declaration thereby nullified — Crimes Act, 1908, s 29.