WELCOME
 
Welcome to the official website for the Criminal Bar Association of New Zealand, Inc.  This site will serve both as an interface with our members, and with the wider profession, media and members of the public.
 
We will be updating the site regularly, and hope soon to be able to offer special member services online.  Please feel free to email with suggestions as to how the site can be improved.

We wish you all a Happy and Prosperous 2013.
 
 
 
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RECENT CASE LAW DEVELOPMENTS
 

1. Z v R [2012] NZCA 599: This case clarifies the test for a discharge without conviction under section 106 of the Sentencing Act 2002.  In particular, it brings an end to the difficulties of Blythe v R.

 

2. Nuku v R [2012] NZCA 584: This is a new guideline judgment for injuring with intent to injure.  It replaces R v Harris [2008] NZCA 528.

 

3. Pearce v R [2012] NZCA 596: This is a decision about the use of screens under section 105 of the Evidence Act 2006. It is a reminder that the legislation is to be properly followed and that screens should normally be of one-way glass so that the accused can see the witness

 

4. Richards v R [2012] NZCA 90: Another case involving prosecutorial misconduct and a reminder about the proper limits that prosecutors should observe when cross-examining and addressing the jury.  By way of example see para [18]: "The prosecutor's attack on the accused involved an appeal to prejudice, and was inconsistent with the conduct expected of prosecutors: R v Roulston [1976]  NZLR 644 (CA) at 654; R v Stewart [2009] NZSC 53, [2009] 3 NZLR 425 at [19]-[22] and Pickering v R [2012] NZCA 311, [2012] 3 NZLR 498 at [165]-[169].

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