Practice and Procedure

R v DAVID CULLEN BAIN (2007)

PUBLISHED May 10, 2007
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In deciding whether fresh evidence adduced on appeal after a conviction for murder raised the possibility that there had been a miscarriage of justice, the Court of Appeal of New Zealand had assumed a decision-making role well outside its function as a reviewing body concerned to assess the impact that evidence might reasonably have had on the mind of the jury. The evidence might reasonably have led to the jury's returning a different verdict and a retrial was ordered.

PC (NZ) (Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Sir Paul Kennedy)

10/05/2007

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