New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Synchronisation of devices

Legal area

Court

23 May 2019

R (CA89/2018) v R [2019] NZCA 176

Citation

[2019] NZCA 176
Court

Court of Appeal

Leave to reopen the appeal was granted because the Crown failed to disclose material information that a Detective connected the seized phone to the internet while in custody, creating a fundamental procedural error and a real risk of miscarriage of justice with no adequate alternative remedy; the appropriate remedy is to rehear the appeal before a fresh panel of the Court of Appeal.
3 Sept 2018

R (CA89/2018) v R [2018] NZCA 341

Citation

[2018] NZCA 341
Court

Court of Appeal

The warrant lawfully authorised seizure and retention of the phone and authorised later examinations; synchronised data present on the phone before seizure was properly within the scope of the warrant; police handling and the inadvertent creation of cookies or a synchronisation event did not establish that the data was rendered unreliable on the material before the Court; the defence did not challenge admissibility pre-trial and the evidence was probative and not unfairly prejudicial, therefore the convictions stand.