Tama Wairere Iti v The Queen - SC 90/2012

Summary

Criminal Appeal – Evidence – Whether the jury should have been directed that evidence admissible under the co-conspirator’s rule was not available for consideration by the jury in relation to the Arms Act 1983 charges – Whether the statutory presumption of criminal liability under the Arms Act extended to a party under s 66 of the Crimes Act 1961 – Whether the Court of Appeal erred in its assessment of unlawful purpose under the Arms Act – Whether the jury’s inability to agree on the charge brought under s 98A of the Crimes Act 1961 retrospectively affected the analysis which led to certain evidence being admitted – Whether the Court of Appeal was entitled to have regard to aspirational or general discussions of inchoate thoughts forming part of a discharged count.[2012] NZCA 492    CA 306/2012

Result

Application for leave to appeal dismissed.
23 April 2013.

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