Court of Appeal Wellington
24, 25 April; 31 July 1958
Gresson P., North J., Cleary J.
24, 25 April; 31 July 1958
Gresson P., North J., Cleary J.
Criminal law — Automatism — Automatism as defence — Onus of proof — Where automatism of type consistent with sanity — Where automatism attributable to abnormal condition of mind capable of designation as "disease of the mind" — Proper direction when automatism shown to be "disease of the mind" — Apart from issue of insanity, onus of proof on Crown, when defence of the automatism raised, to establish guilt — Onus on accused to establish insanity as negativing intent — Crimes Act 1908, s. 43 (2) — Mental Health Act 1911, s. 31.
Criminal law — Evidence — Evidence of accomplice — Such evidence not wholly exculpatory — Warning to jury as to acting on it without corroboration — Unsworn statement by accomplice to Police — Direction that such statement not evidence of truth of matters therein, except parts thereof admitted to be correct.
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