New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Police interviews

  • 31 May 2016

    R v Winders [2016] NZHC 1147

    Citation
    [2016] NZHC 1147
    Court
    High Court

    Court admitted four prior shooting incidents (Ford Jan 2009, Gleeson prior to Apr 2009, Kuriger Apr 2011, Kuriger Apr 2012) as propensity evidence under s43 as probative of a relevant tendency and identity; excluded the Jane/Law goat poaching incident as insufficiently probative; admitted Ms Corina Walker's visual identification and related photomontage evidence under s45 because the Crown proved reliability beyond reasonable doubt despite delay and lack of formal procedure; admitted the video and transcript of the 4 April 2013 Police interview under s27 and s30 after finding no causal link b…

  • 6 May 2016

    DARADKEH V R [2016] NZCA 172

    Citation
    [2016] NZCA 172
    Court
    Court of Appeal

    Conviction appeal dismissed: absence of an interpreter did not make the second interview unfair because appellant had sufficient English, had legal advice present, knowingly gave detailed admissions consistent with DNA evidence and the transcript; no s 122 warning required; Sentence appeal allowed: starting point of nine years was excessive for the culpability shown, appropriate starting point seven years, total deduction six months producing an end sentence of six years six months; minimum non‑parole term quashed and none imposed.