Tuesday, September 24, 2019

Enjoying s 22A of the Evidence Act 2006 [NZ]

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Why was  s 22A  of the  Evidence Act 2006  [NZ] needed? To what extent is it to be interpreted with the assistance of the common law? T...
Friday, September 13, 2019

The conspiracy or joint enterprise exception to the rule against hearsay

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The use of hearsay evidence to prove a defendant’s participation in a joint criminal enterprise was considered in  Winter v R  [2019] NZSC ...
Wednesday, September 04, 2019

Admissibility against a defendant of co-defendant's statements, whether hearsay or not

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The  Government’s response  to the Law Commission’s  Second Review of the Evidence Act 2006  reveals an issue that deserves deep study. It ...
Saturday, August 24, 2019

Now we are fifteen ...

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Hooray! This blog is now 15 years old. Time to stretch and reflect. Quoting others can be fun ... “There is more trouble in interpret...
Friday, August 09, 2019

On not prosecuting addicts for drug possession

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The  Misuse of Drugs Amendment Bill 119-3   has passed through Parliament and will come into force the day after it receives the Royal asse...
Monday, June 17, 2019

Indulgence

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If you’re on holiday now, as I am sure you think you should be, it can only be helpful for me to share my favourite holiday reading. This i...
Wednesday, June 12, 2019

Try again. Fail again. Fail better.

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Haven’t we seen it all before? A person wants something, they are refused with reasons. They make another request, supposedly in the light ...
Friday, May 24, 2019

Conviction appeals from judge-alone trials: review or rehearing?

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On one of those subtle issues that would only occur to lawyers, the Supreme Court has decided how appeals under  s 232(2)(b)  of the Crimi...
Thursday, April 25, 2019

Book review: Doing Justice by Preet Bharara

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A book with a blurb that I agree with: “Simply, utterly brilliant ... Bursting with humility and humanity.” You may have to make al...
Tuesday, February 26, 2019

The Book of Why by Judea Pearl and Dana Mackenzie

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Perhaps, after hearing rumours that artificial intelligence (AI) will replace judges and juries, you have picked up a book called  The Book...