New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Judge's directions

Legal area

Court

23 Oct 2020

SHARPE v R [2020] NZCA 475

Citation

[2020] NZCA 475
Court

Court of Appeal

The trial judge erred by directing the jury they could convict on any imprisonable offence not pleaded or argued by the Crown, thereby introducing an alternative basis for conviction for the first time in summing up and causing a miscarriage of justice; accordingly the aggravated burglary conviction was quashed and an acquittal directed, and sentences on lesser charges were substituted.
19 Sept 2016

R (CA679/2015) v R [2016] NZCA 444

Citation

[2016] NZCA 444
Court

Court of Appeal

The extrinsic material accessed and discussed by jurors, including emotive and non‑New Zealand law material on rape and penetration, was capable of affecting the jury's verdict; the trial judge's inquiries and directions were insufficient to remove the risk of prejudice; accordingly a miscarriage of justice occurred, the convictions were quashed and a retrial ordered.