4 Sept 2015
UHRLE & ORS v R [2015] NZCA 412
- Citation
- [2015] NZCA 412
- Court
- Court of Appeal
The Court held the summing up, read as a whole with the written handout and answers to jury questions, adequately instructed the jury on s66(2) including the need for foresight of both the physical and mental elements of murder and the timing of that foresight; the defence of withdrawal was not available on the evidence; s122 did not require direction in respect of counsel submissions; the knives were admissible and not unfairly prejudicial given cross-examination and lack of objection at trial; and the minimum periods imposed were not manifestly excessive; accordingly all appeals against con…