2 Sept 2021
GRANT v POLICE [2021] NZHC 2297
- Citation
- [2021] NZHC 2297
- Court
- High Court
The appeal is dismissed. The High Court accepted the constable's oral evidence that the appellant volunteered he was the driver before any caution and that the officer therefore did not have to caution under the Practice Note because he lacked sufficient evidence to charge prior to that admission. Although the entry amounted to a search and the officers failed to comply with SSA ss 92-93 (making the search unlawful and the evidence improperly obtained), the Evidence Act s 30 balancing test favoured admission: the intrusion was at the lower end of seriousness, there was no bad faith, the evide…