New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of confession

Legal area

Court

3 Aug 2022

R v NIKLAS GEBHARDT [2022] NZHC 1914

Citation

[2022] NZHC 1914
Court

High Court

The application for permanent suppression was declined because the defendant failed to meet the high statutory threshold of 'extreme hardship' under s200(2)(a) and, on discretionary balancing, the public interest in open justice and transparency about prosecutorial charging and withdrawal decisions outweighed the speculative or non‑quantified risk of psychological harm absent compelling evidence of likely decompensation.
6 Sept 2013

HIRIAKI V R CA26/2013 [2013] NZCA 419 .

Citation

[2013] NZCA 419
Court

Court of Appeal

The Court upheld the Judge's finding that the admissions were reliable under s28 because they were volunteered in response to open questions, were corroborated by the son's disclosure and supported by expert reports, and that there was no direct evidence the appellant did not understand his rights; accordingly the interview was not unfair and the evidence was admissible, so the appeal was dismissed.