The Queen v TWW - SC 80/2014

Summary

Criminal Appeal – Evidence Act 2006, ss 28, 30 – Whether the Court of Appeal erred in finding that admissions by the accused obtained through a police undercover operation employing the “scenario technique” were unfairly and thus improperly obtained – Whether the Court of Appeal erred in adopting a Bill of Rights analysis where the accused’s rights were not breached – Whether the Court of Appeal erred in finding that exclusion of the admissions was proportionate to the impropriety – Whether the Court of Appeal erred in finding that the admissions were unreliable.[2014] NZCA 339 CA 852/2013

Result

The application for leave to appeal is granted ([2014] NZCA 339).
The questions on which leave is given are whether the Court of Appeal was right to find that:
(a)     the appellant’s confession to “Scott” was unfairly obtained; and
(b)    evidence of it should be excluded.
10 October 2014
______________________
The appeal is allowed and the evidence in question is ruled to be admissible.
18 December 2015

Hearing Transcripts

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