New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Jury instructions

Legal area

Court

19 Oct 2022

CRUICKSHANK v R [2022] NZCA 493

Citation

[2022] NZCA 493
Court

Court of Appeal

The omission of a clear direction that the jury may take the defendant's claimed intoxication into account when assessing whether he had the requisite intent was a miscarriage of justice; accordingly the convictions were quashed and no retrial ordered.
8 Sept 2016

LYONEL MANUREWA TE POU TANIWHA v R [2016] NZSC 123

Citation

[2016] NZSC 123
Court

Supreme Court

No miscarriage of justice arose: the trial judge's opening demeanour direction and summing up adequately directed the jury to assess credibility on the whole of the evidence so no tailored demeanour warning was required; evidence of breach of the Police safety order was admissible as explanatory background to the relationship and did not require a 'proper use' direction.