24 May 2016
BIRKINSHAW v R [2016] NZCA 220
- Citation
- [2016] NZCA 220
- Court
- Court of Appeal
The Court held the search warrant was valid on the available material, the appellant was unlawfully detained and strip-searched but the police misconduct was a mistake rather than deliberate bad faith, and on a s30 balancing of factors admission of the 39 g methamphetamine evidence was proportionate because the evidence was cogent and the offending serious, therefore exclusion would be disproportionate.