29 Jun 2022
BURKE v R [2022] NZCA 279
- Citation
- (2022) 30 CRNZ 387
- Court
- Court of Appeal
Majority held s 66(2) secondary liability for manslaughter does not require the secondary party to have foreseen death; it is sufficient that the secondary party foresaw an unlawful act likely to do more than trivial harm as a probable consequence of the common purpose and that act was a substantial and operative cause of death; the trial Judge's directions were correct and other challenged directions and prosecutorial conduct did not cause a miscarriage of justice; sentence was within available range and not manifestly excessive.