Monday, February 13, 2017

The Arnold Solution

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I ask, just for fun, whether you have read Thurman Arnold’s “The Role of Substantive Law and Procedure in the Legal Process”. It is availab...
Friday, October 21, 2016

Proving propensity

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Propensity evidence is evidence about the defendant’s conduct, not directly connected to the presently alleged offending, but which sh...
Tuesday, September 27, 2016

Error and injustice

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In Booth v R [2016] NZSC 127 the Court changed the interpretation of the Parole Act 2002 to make some prisoners eligible for release earl...
Thursday, August 04, 2016

Good to get that settled?

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Ah yes, another report on the Bain case. I have added some comments to an earlier post (15 December 2012).
Saturday, April 02, 2016

Extended common purpose - correcting the common law on secondary liability

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Well, interweb, if I’m going to do a post this year I had better get on with it. Extended secondary liability has received attention on...
Friday, December 18, 2015

Decision models for the stay of criminal proceedings

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Legal terminology at common law can change over time. For example, exclusion of improperly obtained evidence is decided by what used to...
Friday, October 23, 2015

Hardcopy edition of Misuse of Drugs

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My textbook Misuse of Drugs will be published by Thomson Reuters NZ Ltd on 11 December in a new hardcopy edition. Orders may be made here ...
Tuesday, October 13, 2015

Criminal Procedure in New Zealand, 2nd ed 2015

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The second edition (hardcopy) of the criminal procedure text by Professor Finn and me will be available from 23 October, and may be ordered ...
Sunday, September 06, 2015

Life, and the meaning of Proust

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“In Search of Lost Time” – what does that mean? It is the search for happiness, for the connection between past happiness and the state of ...
Saturday, September 05, 2015

Proust posting 3: On human nature

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Contemplation of human nature calls to mind the relationship between what we think and what we do. Proust found human nature endlessly (yes...
Friday, September 04, 2015

Proust on how to write a great big book

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Continuing from last time ... Twelve tips from the master: 1. All this writing and just one book? “I explained to Albertine that the ...
Tuesday, September 01, 2015

Marcel the joker

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In search of lost laughs I have just finished reading Proust’s “In search of lost time”, in the translation by CK Scott Moncrieff (vol 1-...
Monday, July 06, 2015

Messing with LCN DNA

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The delights of Bayesian probability reasoning are sufficient to draw from me another case comment! Our Court of Appeal, in Manoharan v...
Saturday, July 04, 2015

Search seminar

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Notes for the talk on the law of search that I gave at the Auckland District Court on 1 July 2015 are available  here.
Sunday, May 31, 2015

Proportionality and the Rule of Law

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As you know – although I’m sure you wouldn’t admit it in front of your drinking buddies – there are few more enjoyable ways of spending a w...
Saturday, May 09, 2015

I doubt, therefore I am, but what are you?

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In Seeing Things as They Are (OUP, 2015) John R Searle gives idealism a long-deserved slap. “There is something tragic about the massive w...