Darin Joseph Gardner v The Queen - SC 31/2009

Criminal appeal – Applicant convicted of murder, injuring with intent to cause grievous bodily harm and injuring with intent to injure – Appeal against conviction and sentence – Whether the Court of Appeal erred in finding that the applicant’s trial was fair – Whether the Court of Appeal erred in finding that the discharge of only one juror in certain circumstances, rather than two, was fair – Whether the Court of Appeal erred in finding that provocation was not available as a defence – Whether the Court of Appeal erred in finding that provocation and defence of another were not material in the applicant’s sentencing.[2009] NZCA 113   CA 665/07