Patricia Pickering  v The Queen - SC 52/2012

Summary

Criminal Appeal – evidence – jury directions – what duty does the Crown Solicitor have to inform the defence in a timely manner when the Crown proposes resiling from an earlier agreement not to offer propensity evidence – is it fair that defence consent to vital propensity evidence can be implied when the evidence and propensity issues were not raised by the Crown with either the defence or with the trial Judge – was the trial Judge’s direction to the jury in respect of inferences/circumstantial evidence adequate – whether there was a miscarriage of justice arising from the Crown Solicitor’s use of emotive and inappropriate language in his closing address – whether the High Court should have permitted the “Lammie” evidence to be received as fresh evidence.[2012]NZCA 311  CA   546/2010

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