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S v New Zealand Police - [2019] 2 NZLR 392

$30.00

High Court Wellington
CRI 2018-463-3; [2018] NZHC 1582
26 March; 28 June 2018
Duffy J
Criminal practice and procedure — Search and seizure — Whether failure to allow access to toilet breached right to be treated with humanity — Drink driver accused detained for blood testing involuntarily defecated — Whether so unreasonable that it breached right to be secure against unreasonable search and seizure — Whether evidence on which conviction rested was obtained as result of breach — Breach was inextricably woven into how compulsory testing regime was applied to appellant — Whether exclusion of improperly obtained evidence was proportionate to gravity of Police impropriety — Evidence Act 2006, s 30.
Human rights — New Zealand Bill of Rights Act 1990 — Right to be treated with humanity during detention engaged — Treatment of appellant could not be described as “truly egregious” in terms of s 9 cruel, degrading, or disproportionately severe treatment or punishment — Whether manner of conducting search was so unreasonable that it breached right to be secure against unreasonable search and seizure — Whether an involuntary defecation was as serious an infringement of a citizen’s privacy and dignity as being stripped and searched on street by Police — New Zealand Bill of Rights Act 1990, ss 9, 21 and 23(5).
Transport and transport licensing — Offences — Breath and blood alcohol prosecutions — Whether taking of blood sample amounted to search — Whether manner of conducting search was so unreasonable that it breached right to be secure against unreasonable search and seizure — Whether an involuntary defecation was as serious an infringement of a citizen’s privacy and dignity as being stripped and searched on street by Police — Whether evidence on which conviction rested was obtained as result of breach — Whether breach was inextricably woven into how compulsory testing regime was applied to appellant — Whether exclusion of improperly obtained evidence was proportionate to gravity of Police impropriety — Evidence Act 2006, s 30.

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