19 Mar 2019
R v JOHNSON & Ors [2019] NZHC 489
- Citation
- [2019] NZHC 489
- Court
- High Court
The Crown was precluded from relying on s66(2) because its final formulation of the unlawful common intention was ambiguous and mixed lawful and unlawful purposes, failed to exclude lawful alternatives or define key phrases, and therefore did not provide defendants with the necessary clarity to make informed decisions about giving evidence or to permit proper jury questioning; accordingly s66(2) could not be relied upon in this trial.