The King v Kahu - [1947] NZLR 368

Criminal Law — Appeal — Misdirection — Murder — Manslaughter — Provocation — Burden of Proof — Direction by Judge liable to lead Jury to Belief that Verdict of Murder proper if Jury not clear whether Crime Murder or Manslaughter — Verdict of Murder — Substantial Miscarriage of Justice — Crimes Act, 1908, s 184 — Criminal Appeal Act, 1945, s 4 (1).

Criminal Law — Practice — Appeal — Substitution of Verdict for Lesser Crime — Duty of Court of Appeal — Whether to direct New Trial or substitute Verdict of Manslaughter for Verdict of Murder — Criminal Appeal Act, 1945, ss 4 (1), 5 (2).