Smith v R - [2014] 2 NZLR 421

Evidence — Admissibility — Right to silence — Self-defence raised for first time at trial — Invitation to jury to infer guilt from previous failure to raise self-defence — Whether provisions applied to person who had not remained silent — Whether Court’s summing up corrected position — Whether miscarriage of justice — Evidence Act 2006, s 32.

Statutes — Interpretation — Role of headings — Apparent inconsistency between heading and text of section — Whether heading limited application of section — Interpretation Act 1999, s 5.