Borell v R - [2020] 2 NZLR 757

Criminal practice and procedure — Miscarriage of justice — Death of partner following stabbing — Convicted on charge of murder — Appealed conviction on two issues not raised prior to or at trial — Whether statement to police properly obtained — Whether advised of rights — Whether rights understood — Concern no safeguard in place to reduce possible racial prejudice of jurors — Criminal Procedure Act 2011 s 232.

Criminal practice and procedure — Juries — Unconscious racial bias — Appeal against murder conviction — Jury selection process — Discrimination against M|$$|Amaori — Discretion to cross-examine prospective jurors — Risk of racial prejudice affecting trial outcome — Human Rights Act 1993.

Criminal practice and procedure — Miscarriage of justice — Admissibility of evidence — Appeal against murder conviction — Whether appellant’s statement to police properly obtained — Whether appellant sufficiently informed of rights — Delay between appellant being informed of rights and formal interview — Emotional state of appellant when informed of rights — New Zealand Bill of Rights Act 1990 s 23.