6 Aug 2015
R v SHIVNEEL SHAHIL KUMAR [2015] NZSC 124
- Citation
- [2015] NZSC 124
- Court
- Supreme Court
Undercover officers placed in the detained accused's cell actively elicited incriminating statements from the outset, breaching s23(4) NZBORA (right to refrain from making a statement) and s23(1)(b) (right to counsel); the statements were therefore improperly obtained under Evidence Act s30(5) and exclusion was proportionate, so the transcript is inadmissible in its entirety.