Thursday, November 14, 2019

On being helpful

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A defendant’s right to a fair trial is an absolute right, but is the right to procedural fairness absolute? Can a trial be fair if its proc...
Thursday, November 07, 2019

An unreasonable jury verdict

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The criminal courtroom can make innocence look like guilt. A combination of circumstances persuaded a jury and a first appeal court tha...
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 ...