All Questions
Tagged with new-zealand criminal-law
7
questions
-2
votes
2
answers
150
views
Where do defendants found guilty get discharged without conviction?
In New Zealand, a defendant may be "discharged without conviction" after found guilty.
Courts would apply such a discretion where they are satisfied that the consequences of conviction would ...
- 27.8k
1
vote
1
answer
308
views
Is it illegal for criminal defendant to approach the prosecution witnesses?
Is there any law that prevents criminal defendants (where they are remanded at large or on bail without corresponding conditions) or their lawyers from talking to the prosecution witnesses?
I note ...
- 27.8k
0
votes
0
answers
93
views
Is it an error for a judge to not consider all pieces of evidence?
A prosecutor attempts to lay charges against an alleged perpetrator (in New Zealand anyone can do this under the private prosecution provisions).
The judge is presented with a set of pieces of ...
- 27.8k
1
vote
2
answers
409
views
Standard of proof required to prevent dismissal of criminal charge before trial
In New Zealand, a judge may dismiss a criminal charge before trial if "the Judge is satisfied that, as a matter of law, a properly directed jury could not reasonably convict the defendant" (CPA s147(4)...
- 27.8k
2
votes
1
answer
187
views
Getting courts to reconsider judgment when new evidence crops up
Say a District Court in New Zealand considers a proposed private prosecution and makes a ruling R that it will not go ahead because of insufficient evidence under s26(3)(a) of the Criminal Procedure ...
- 27.8k
4
votes
2
answers
457
views
Defendant pays witness to say "I don't remember". What can be done to prevent/deal with this?
Say Rob commits a crime against Bob, and Matt witnesses it.
Right after the incident Matt is outraged about what Rob did and sympathetic to Bob. He talks to Bob and assures him that he will tell the ...
- 27.8k
0
votes
4
answers
270
views
Is criminal prosecution up to the police/state or can an individual push it?
What can an individual do to get someone prosecuted (apart from reporting the matter to the police and giving testimony)? What if the police is reluctant to give traction?
If this question is too ...
- 27.8k