New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Specific intent

  • 27 Oct 2023

    DONALD DEV KUMAR SINGH v R [2023] NZSC 141

    Citation
    [2023] NZSC 141
    Court
    Supreme Court

    Leave to appeal was refused because the Court of Appeal correctly assessed the evidence and concluded that a full intoxication direction was not required on the factual record and that, although there was a breach of s 32, it did not give rise to a miscarriage of justice given the context, other directions to the jury, and the strength of the Crown case; no matter of public importance or appearance of miscarriage of justice arose to justify further appeal.

  • 6 Jul 2018

    LYTTELTON v R [2018] NZCA 243

    Citation
    [2018] NZCA 243
    Court
    Court of Appeal

    The Court held that (1) the recusal application was without merit because prior involvement in a related appeal did not create a reasonable apprehension of bias; (2) the trial Judge's directions were legally adequate in isolating the issue of specific intent for the jury, there was insufficient evidential foundation to leave insanity or automatism to the jury, and refusal to give an orthodox intoxication direction did not amount to error; (3) the jury verdicts were reasonable on the evidence; and (4) the sentencing Judge correctly declined a disputed-facts hearing under s 24 because sufficien…