High Court Wellington
19 April; 24 April 1951
Finlay J
Court of Appeal Wellington
10, 11, 12, 13 September; 10 December 1951
Fair, ACJ; Gresson J; Stanton J; Hay J; F B Adams J
19 April; 24 April 1951
Finlay J
Court of Appeal Wellington
10, 11, 12, 13 September; 10 December 1951
Fair, ACJ; Gresson J; Stanton J; Hay J; F B Adams J
Criminal Law — Appeal against Conviction — Application by Convicted Person to be present at Hearing of Appeal — Principles applicable — Criminal Appeal Act, 1945, s 16.
Criminal Law — Trial — Change of Venue — Power to order Change of Venue Discretionary — Appellate Court not to interfere with Exercise of Discretion unless Order results in Miscarriage of Justice — Onus on Accused to show Improper Prejudice created so as to operate against Him at Trial — "In Chambers" — Crimes Act, 1908, s 370.
Criminal Law — Evidence — Prospective Witnesses for Defence under Police Surveillance — Interview by Defendant's Legal Advisers desired — Such Interview to be arranged through Crown Prosecutor.
Criminal Law — Trial — Summing-up — Erroneous Statement of Fact — Duty of Counsel to ask Trial Judge to correct It immediately — Appeal on Ground of Such Error not entertained when No Objection taken at Trial.
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