The New Zealand Law Journal: NZLJ.Butterworths, 2000 - Law |
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Page 126
... jury the he had good cause to do so within the meaning of s 35 ( 5 ) . Section 35 ( 4 ) only applied to the accused who declined to go into the witness box . Section 35 ( 2 ) provides that at the conclusion of the evidence for the ...
... jury the he had good cause to do so within the meaning of s 35 ( 5 ) . Section 35 ( 4 ) only applied to the accused who declined to go into the witness box . Section 35 ( 2 ) provides that at the conclusion of the evidence for the ...
Page 127
... jury . Whilst reluctant to confine the Judge to " the mouthing of a number of mandatory formu- lae " , the Court of Appeal in R v Birchall [ 1999 ] Crim LR 311 , held that a failure to give the full Cowan direction rendered the ...
... jury . Whilst reluctant to confine the Judge to " the mouthing of a number of mandatory formu- lae " , the Court of Appeal in R v Birchall [ 1999 ] Crim LR 311 , held that a failure to give the full Cowan direction rendered the ...
Page 161
... jury further , it is helpful to say that this requires the jury to assess the gravity of the provo- cation from the point of view of the person with the accused's characteristic . After as- sessing the level of gravity of the provoca ...
... jury further , it is helpful to say that this requires the jury to assess the gravity of the provo- cation from the point of view of the person with the accused's characteristic . After as- sessing the level of gravity of the provoca ...
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abuse adopted agreement application approach arbitration Auckland Australia authority award barrister benefit breach Butterworths cent child Christchurch claim clause client common law conduct considered contract costs counsel Court of Appeal criminal damages decision defendant determination disclosure dispute documents duty effect electronic commerce employers employment ensure evidence expectation fact held High Court House of Lords immunity income interest interpretation involved issue Judge judgment judicial jurisdiction jury justice Law Commission lawyers legislation liability limited litigation Lord Lord Woolf matter mediation ment NZLR obligation offending organisation particular parties payment person plaintiff police practice principle privilege procedure proceedings professional protection purpose Queen's Counsel question reason referred regulation relation relevant rule Rylands v Fletcher Section service provider settlor solicitor statutory tion tort trial victims Wellington