17 Apr 2015
R v LIU [2015] NZHC 746
- Citation
- [2015] NZHC 746
- Court
- High Court
Pot plant and travel time reconstructions are admissible as relevant factual observational evidence whose probative value outweighs any unfair prejudice; the 16 November 2012 reconstructions and statements are excluded because the Police failed to properly convey the right to free legal advice (Practice Note breach) and on s30 balancing exclusion is proportionate given the seriousness of the right breached and the availability of overlapping evidence; admissibility of the "If I die" statement cannot be determined on papers and must be ruled on at trial by voir dire to assess tone, context and…