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Stratford v Ministry of Transport - [1992] 1 NZLR 486

$30.00

High Court Wellington
12, 22 July 1991
Eichelbaum CJ
Criminal law — Evidence — Standard of proof — Proof of essential elements required beyond reasonable doubt — Whether proof of facts making up the elements can be matters of inference — Whether proof of all facts required beyond reasonable doubt — Whether proof of each fact on balance of probabilities cumulatively sufficient to convert outcome into proof beyond reasonable doubt.
Evidence — Admissibility — Expert evidence — Reconstruction by expert witness of disputed facts — Opinion evidence outside expert's area of expertise — Traffic officer showing video re-enactment of accident and giving opinion as to state of mind of driver and speed at which vehicle was probably travelling — Whether admissible.
Criminal practice and procedure — Reasons — Judge announcing decision with summary of reasons at end of trial and later delivering reserved decision — Desirability of such practice — Whether both sets of reasons to be considered on appeal.

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