Wiley v R - [2016] 3 NZLR 1

Criminal practice and procedure — Appeal — Test on appeal — “Miscarriage of justice” — “Error, irregularity or occurrence” — “Real risk that the outcome of the trial was affected” — “Unfair trial” — Removal of the proviso — Whether the previous “substantial miscarriage of justice” test was different — Criminal Procedure Act 2011, s 232.

Statutes — Interpretation — Extrinsic materials — Submissions and departmental report suggesting no substantive change to the law.

Human rights — The Right to Appeal — New Zealand Bill of Rights Act 1990, s 25(h).

Criminal practice and procedure — Judicial warnings — Identification — Whether the summing up was inadequate — Whether a miscarriage of justice had occurred.

Criminal practice and procedure — Directions to jury — Whether the directions contained an error of law — Abduction — “Taking away” — Whether taking away can be a continuous action — Whether the actus rea and mens rea were contemporaneous — Whether a miscarriage of justice had occurred — Crimes Act 1961, s 210.