Rupinder Singh Chahil v The Queen - SC 79/2010

Criminal appeal – convictions for kidnapping after joint trial with three others – appeal against sentence and conviction – statement of co-accused used in evidence against the applicant – the Court of Appeal allowed the appeal against sentence but declined to impose a sentence of home detention in place of imprisonment – Whether the applicant’s rights under section 25 of the New Zealand Bill of Rights Act 1990 (minimum standards of criminal procedure) were breached by the Crown’s use of the co-accused’ s statement at trial – whether the Court of Appeal failed to identify the extent and impact of the inadmissible material – Whether the Court of Appeal erred in failing to consider home detention as an option in terms of section 16 of the Sentencing Act 2002.[2010]  NZCA 331   27 July  2010