19 Mar 2021
DELIWALA-GEDARA v R [2021] NZHC 570
- Citation
- [2021] NZHC 570
- Court
- High Court
Even if the DVD interview was obtained in relation to offences not specifically cautioned, the breach was technical and not in bad faith and exclusion would be disproportionate under Evidence Act s30; the OFLC classification reports were admissible after close as largely formal and/or in the interests of justice under s98; and on the totality of the evidence (sole control of a password‑protected laptop, admissions of downloading, folder names and evidence that other files in the same folder were viewed) it was open to infer the appellant viewed or at least had reasonable grounds to believe th…