Matiu Joseph Paora Pahau v The Queen - SC 61/2011

Criminal Appeal – Judicial directions – Section 122(1) of the Evidence Act 2006 – The appellant was convicted for the murder of Mr Niwa caused by a single stab wound – The appellant gave evidence at trial that he swung his knife defensively but Mr Niwa stepped in its path – Mr Murray, who was present when the stabbing occurred, gave evidence that the appellant confessed to stabbing Mr Niwa while they were in prison together – The appellant says this evidence is false and that Mr Murray, whose charges against him were dropped, had a motive to lie – Whether the Court of Appeal was correct to uphold the High Court’s decision not to give a warning to the jury under s 122(1).[2011] NZCA 147