New Zealand Case Law: Decisions & Judgments

Topic

Confession admissibility

Legal area

Court

18 Nov 2022

HUGHES v R [2022] NZCA 565

Citation

[2022] NZCA 565
Court

Court of Appeal

Time to file the appeal was extended and fresh evidence admitted, but the Court found the appellant's confession was voluntary and corroborated, trial counsel provided competent and adequate advice, the Sentencing Act criteria for preventive detention were met and properly applied, and the sentence of preventive detention was not manifestly excessive; accordingly the appeal against conviction and sentence was dismissed.
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.
29 Jul 2010

FERGUSON V R SC 14/2010

Citation

SC 14/2010
Court

Supreme Court

Leave to appeal was dismissed because the Court was not persuaded any arguable ground existed: the 2002 fitness assessment was sound; the videotaped statement was properly admitted and not essentially unreliable; expert evidence about disability would not have altered the provocation or tactical decisions; and the interpreter/medical assistance claim is untenable and novel.

New Zealand Case Law

HUGHES v R [2022] NZCA 565

R v FAWCETT [2021] NZHC 2406

FERGUSON V R SC 14/2010