LAWS101 - Confessions.
Cases from the Confessions line - LAWS101, University of Otago
Terms in this set (21)
3 types of breach for confessions:
Reliability (s28 Evidence Act 2006)
Oppression (s29 Evidence Act 2006)
Improperly obtained (s30 Evidence Act 2006)
R v PK - reliability
16 yr old was
tired, confused and exhausted
when questioned. Stayed up till 3AM previously. Police applied pressure to make a statement.
- Held the circumstances affected reliability = evidence excluded
If evidence is unreliable, the court:
can exclude, if on the balance of probabilities circumstances are likely to make it unreliable
If evidence is gained through oppression, the court:
MUST exclude evidence, despite true or not. - unless satisfied BEYOND REASONABLE DOUBT that statement was not influenced by oppression.
If evidence is deemed to be improperly obtained, the court:
must decide whether exclusion of the evidence is proportionate to the impropriety.
- e.g. look at: urgency, danger to police life, bad faith? seriousness of offence etc.
3 ways evidence can be improperly obtained:
- Breach of practice note
- Breach of NZBORA (caution)
- Unfair treatment
Practice note on police questioning says 4 main things:
- Must NOT suggest compulsory to answer
- Must caution
- Must NOT cross examine
- Must fairly explain other evidence
R v Hawea
Assault - given right to silence, but not a full caution. Called cowardly and dickhead by Police. Told by police "we don't believe you"
- Eventually made a confession verbally.
- Court ruled only intimidating or belittling conduct, well short of oppression.
R v Wilson
Ladies mile case - maori youth stabbed lady, ran away. Small interview room, black, hot, small window. Kept there for 5 1/2 hours until confession given.
- Police admitted they would not take no for an answer
- Court ruled was oppressive - pressure put on, physical nature of process, whole process was cross examination = MUST exclude evidence.
R v Beazley
Murder by gang members, footprints found. Lots of cross examination for 4 hours
- Breach of practice note (cross exam.)
- Main evidence (boots) not shown until 4 hours in = UNFAIRLY OBTAINED.
R v Admore
Drive by - cross examination.
- Held that dealing with ;dangerous outlaws', who cannot be expected to be treated with 'kid gloves'.
- Held that questions were supported by evidence
- Held that questions were not overbearing
= Not improperly obtained.
R v Fatu
Mongrel Mob beating - 6 members arrested.
Fatu made statement that incriminated everyone. Told others that cops knew they did it - to make others confess - told if confessed, would get shorter sentance.
- Court ruled tactics did not induce the confession - chance of lesser charge did.
- Innocent person would not agree to murder if offered lesser sentance
= confession not excluded = not improper
R v Hennessey
Injury with intent - throwing bottle. Police deliberately misled hennessey, told him friend had testified against him, told him they had CCTV footage, and had 7 or 8 witnesses.
- Breach of practice note - evidence must be fairly explained.
- Exclusion of evidence is a proportionate response.
R v Follas
Encouraged person to run over youth. Voluntarily went to station.
- Cross examined, leading questions
Confrontational style, repetitive and consistent questioning.
- Breach of practice note.
Court excluded evidence, because:
- deliberate, not bad faith, no urgency, significant breach, serious charge, other evidence available
R v Kirifi
Wilfully set car on fire. Not formally arrested. Taken to station and cautioned - but NOT told of right to see lawyer.
- Court held FORMAL ARREST NOT NECESSARY. Physical seizure or words of arrest constitute arrest - still need to caution.
R v Butcher
Aggravated robbery. Told "you will be charged". Cautioned, no right to a lawyer mentioned. Other man - ASKED to see a lawyer, told there would be none available at night, said would otherwise have to sleep in the cells.
- Held, if you're not treated as free to go, you are technically arrested.
IF YOU CAN SHOW YOU'RE NOT FREE TO GO = UNDER ARREST.
R v Narayan
Foreign man - alleged murder of daughter.Police told "you will answer questions". Never cautioned.
- Language difficulties, alien countries made his rights (lawyer, silence) of 'special value'.
- Held exclude evidence, as rights are important to him, given in foreign country.
R v Mallinson
1 hour after arrest, but before questioning, was cautioned.
- Court held no need to explain how the right will be carried out - can infer they understand unless they are impaired (drunk etc.)
R v Schriek
17 yr old kidnap and murder of street kid. Told police didn't have a lawyer - they asked if she was happy to talk - she said yes.
- Held didn't understand the right to lawyer - didn't understand right to free legal aid
R v PK - improperly obtained
Asked for interview to be postponed - police said 'you need to explain what happened'.
- Court held right to silence was clearly ignored - breach of practice note rule 1 (suggested compulsory to answer)
R v Hawea - improperly obtained
Police called dickhead - not cautioned.
- Held that not a serious breach (as cautioned earlier), not bad faith by police, evidence was crucial to a serious charge.
- Therefore, evidence not excluded
YOU MIGHT ALSO LIKE...
Irish Evidence Law King's Inns Entrance Exams
Chapter 18 The Criminal Trial
OTHER SETS BY THIS CREATOR
THIS SET IS OFTEN IN FOLDERS WITH...
LAWS101 - Entrapment
LAWS101 - Finders.
LAWS101 - Donoghue v Stevens
LAWS101 - Rylands v Fletcher