New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Wanhalla direction
  • 22 Feb 2023

    FANE v R [2023] NZCA 26

    Citation
    [2023] NZCA 26
    Court
    Court of Appeal

    The Court held there was sufficient evidence to convict the appellant of both murders either as a participant in a common purpose and/or by his assistance and involvement (including use/possession of the shotgun and concerted action with his brother), the trial Judge's directions (including on party liability, unanimity and standard of proof) were adequate and not prejudicial, and the life sentences with a 17-year minimum period of imprisonment were appropriate and not manifestly unjust.

  • 21 May 2020

    SINGH v R [2020] NZCA 177

    Citation
    [2020] NZCA 177
    Court
    Court of Appeal

    The appeal was allowed and convictions quashed because the trial judge failed to give the required Wanhalla directions, notably failing to express the presumption of innocence and adequately explain the standard of proof beyond reasonable doubt; that omission was a fundamental error causing a miscarriage of justice and necessitated a new trial.