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
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
Related Documents
Leave judgment - leave granted — The Queen v TWW [2014] NZSC 142 (10 October 2014)
Supreme court decision — R v TAWERA WESLEY WICHMAN [2015] NZSC 198 [18 December 2015] (PDF 1.4 MB)