22 Feb 2016
R v GREEN [2016] NZHC 229
- Citation
- [2016] NZHC 229
- Court
- High Court
The s147 application was dismissed because, although the Crown's proof of murderous intent and knowledge was contestable, the facts adduced (kick, U‑turn, speed/trajectory, impact location, flight and threats) were capable of supporting an inference that a properly directed jury could reasonably convict of murder under s167(b)/(d); therefore it was a matter for the jury rather than for dismissal as a matter of law. The judge ordered strong jury directions to avoid improper inferences from driving alone and cautioned on use of post‑collision conduct.