14 Sept 2021
R v FAWCETT [2021] NZHC 2406
- Citation
- [2021] NZHC 2406
- Court
- High Court
Statements admitted at interview were excluded under s 28 Evidence Act 2006 because, on the balance of probabilities, the circumstances in which they were made — principally the defendant's diagnosed foetal alcohol spectrum disorder producing marked suggestibility, confabulation and impaired recollection combined with the interview history and lack of reliable independent corroboration of his asserted participation — were likely to have adversely affected their reliability; s 29 oppression was not made out beyond reasonable doubt.