Wednesday, October 23, 2019

Sentencing for methamphetamine dealing

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In a splendidly clear judgment our Court of Appeal has revised the law on sentencing for methamphetamine dealing (importing, manufacturing,...

New edition of Criminal Procedure in New Zealand

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Don’t let me stop you  ordering your copy   of the newly published  Criminal Procedure in New Zealand  (3 rd  ed) by Emeritus Professor Jere...
Tuesday, October 08, 2019

Probative value and prejudicial effect: when weighing is not balancing

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Weighing probative value against unfairly prejudicial effect Section  8   of the Evidence Act 2006 sets out a generally applicable exclus...
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...